사기등
The Prosecutor’s appeal against the Defendants is dismissed.
1. In full view of the summary of the grounds for appeal (misunderstanding the facts), the insured status of Defendant A, B, C, and D and the interview acceptance book, the resignation report, the application for recognition of eligibility for the beneficiary, the confirmation of the severance from employment of the insured, and the confirmation of the severance from employment of the insured submitted by Defendant E, the fact that the Defendants received unemployment benefits by false or other unlawful means is recognized
Nevertheless, the judgment of the court below which acquitted the Defendants is erroneous by misapprehending the facts and affecting the conclusion of the judgment.
2. The summary of the facts charged is Defendant A, B, C, and D, the taxi engineer of the H Co., Ltd. located in the Dong-gu Seoul Metropolitan City G (hereinafter “H”), and Defendant E, the representative director of H.
A. Defendant A was employed as a taxi engineer of H around September 1, 2004, and then went back on or around June 1, 2009, went back from the same company on or around June 5, 2009, went back on or around December 1, 2014, went back from the same company on or around December 22, 2015, and then was re-entered into the same company on or around August 22, 2015.
The Defendant, while working as a taxi engineer, should pay approximately KRW 180,00 to H from August 2014 to November 201 of the same year, was dismissed on the ground of the company's internal rules (a person who has continued to deposit the transportation revenue at least three times a month without justifiable grounds) due to failure to pay 180,000 won in time, and due to bad labor reasons. However, the Defendant, in collusion with the representative Defendant E of the company, retired from office on December 1, 2014 as a recommendation, which is a condition for receiving unemployment benefits, for the purpose of acquiring unemployment benefits after retirement.
Since then, on December 10, 2014 due to the reason of the resignation of the Defendant’s resignation, at the senior branch office of the Ministry of Employment and Labor that has been employed on March 32-16, 2014, the Defendant applied for the eligibility to receive unemployment benefits, and then (i) around December 24, 2014, at the senior branch office of the above Ministry of Employment and Labor, and at the senior branch office of the Ministry of Employment and Labor, at the above senior branch office of the Ministry of Employment and Labor, on December 17, 2014, by falsely preparing and submitting the “application for unemployment recognition” of the total of eight days from December 17, 2014 to December 24, 2014.