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(영문) 창원지방법원 밀양지원 2017.08.31 2016고정258

사기등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Despite the fact that anyone does not receive unemployment benefits by fraud or other improper means, C left the job at the SPia on September 22, 201 and received unemployment benefits from September 22, 201, C instructed the Defendant to apply for unemployment benefits as if he/she was unemployed, even though he/she started to work and provide labor from October 5, 2011, and the Defendant conspired to apply for unemployment benefits by fraudulent or other improper means.

On October 20, 2011, the Defendant: (a) prepared an application for recognition of unemployment stating that “no labor fact exists” at the Seongbuk-gu Busan District Labor Office Branch Office of the Busan District Labor Administration located in Seoyang-dong, Busan; and (b) submitted it to the staff in charge and received recognition of unemployment.

However, the defendant was employed from October 5, 201 to provide work after being employed in D.

The Defendant and C, by means of the foregoing, deceiving the staff in charge of the smuggling employment center in the above manner, and deceiving the victim from October 20, 201 to February 13, 201, by obtaining a total of KRW 4,416,760 on five occasions as shown in the attached crime list from around October 20, 201 to February 13, 201, and obtained a false unemployment benefit.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Statement made by the police for E;

1. A copy of a certificate of account transactions with the Saemaul Treasury;

1. A personal benefit details;

1. According to each of the above evidence, it is recognized that the Defendant continued to receive unemployment benefits under the Defendant’s name as indicated in the judgment, even though he/she lost eligibility by providing labor after receiving unemployment benefits in September 201, in collusion with C, by requesting unemployment benefits, and even if so, C withdrawn and used the deposited unemployment benefits.

Even if the defendant does so, at least do it.