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(영문) 대구지방법원 의성지원 2021.02.18 2020고단373

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Employment Insurance Act shall receive unemployment benefits by fraudulent or other illegal means;

On November 26, 2019, the Defendant submitted an application for unemployment recognition to a public official in charge at the Daegu-gu branch office of the Employment and Labor Agency, and received unemployment benefits of KRW 1,683,360 on November 26, 2019, by falsely stating that “no labor fact or income has accrued during the period of unemployment recognition,” even though he/she provided labor, such as electrical construction, during the period of unemployment benefit recognition, and received unemployment benefits of KRW 1,683,360 on November 26, 2019, as well as by the aforementioned means: < Amended by Presidential Decree No. 24271, Dec. 1, 2019; Presidential Decree No. 22683, Jan. 21, 2020; Presidential Decree No. 22683, Feb. 18, 2020; Presidential Decree No. 22035, Mar. 1, 2019>

As a result, the Defendant received a total of KRW 8,537,040 by false or unlawful means on five occasions in total.

2. Fraud;

A. On February 4, 2020, the Defendant stated that “Around 08:45, the Defendant loaned KRW 1,000,000,000,000 to the victim D, because the purchase price of materials is required to be paid to the victim.” On February 20, 2020, the Defendant provided that “A government office will pay the purchase price if the construction price is paid by the government office.”

However, in fact, the defendant thought to use the money borrowed from the damaged party for gambling on the Internet, so even if he borrowed money from the damaged party, he did not have the intention or ability to repay it.

Nevertheless, the defendant deceivings the victim as above and acquired 1,000,000 won from the EF association account under the name of the mother of the defendant used by the defendant on the same day from the victim.

B. On February 7, 2020, the Defendant stated that “The Defendant shall pay the victim with the payment of the construction price upon credit of coffee, tobacco, and beverage” at the same place.

However, in fact, at the time, the defendant was liable to pay a million won to the Internet gambling, and was thought to use the paid construction cost for gambling on the Internet, so the victim's coffee, tobacco, and drink are on credit.