The Defendant has been on a commercial basis from February 19, 2018 to September 7, 2018.

A person who has retired from employment and received unemployment benefits from September 26, 2018 to December 24, 2018.

No one shall receive unemployment benefits by fraud or other improper means, and job-seeking benefits shall be deemed ineligible for benefits if the insured who has resigned from employment due to his/her own reason.

Nevertheless, on September 19, 2018, the Defendant, even though the reason for severance from employment in B was “individual situation,” submitted an application for recognition of eligibility for benefits with false representation of the reason for severance from employment as “the expiration of the contract” to the Incheon North Korea Employment and Labor Branch Center.

Since then, the Defendant submitted a false application for recognition of unemployment to the Incheon North Korea Employment Center of the Incheon North Korea Employment Bureau for four times in total as shown in the attached list of crimes, and received job-seeking benefits 4,49,910 won for 83 days in total from September 26, 2018 to December 24, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Personal benefits, inquiry into the details of benefits, and inquiry into illegal receipt and demand;

1. Application of Acts and subordinate statutes to applications for eligibility;

1. Relevant Article of the Employment Insurance Act and Article 116 (2) of the Employment Insurance Act, and selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty of a fine of four million won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act (amount of money to be converted to a kindergarten: 100,000 won per day);

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decisions 2006Do1148, Apr. 1, 200; 201Do126, Apr. 2, 2011)