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(영문) 울산지방법원 2016.02.16 2015고정1471

사기등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 1, 2012, the Defendant was sentenced to one year to six months of imprisonment for a crime of fraud at the Ulsan District Court, and the judgment was finalized on March 30, 2013. On June 25, 2015, the Defendant was sentenced to two years of suspension of execution on August 31, 2015 by the same court, which was sentenced to two years of imprisonment for a crime of fraud.

From around 2008, the defendant is a person who was in office as the representative director of B, and C is a person who was reported to the Employment and Labor Agency as having provided work in B through D, who is the defendant's seat.

In order to receive unemployment benefits from the Ministry of Labor, the number of working days between 18 months prior to the date of employment shall be at least 180 days, and the number of working days during the one-month period prior to the date of applying for recognition of eligibility of recipients of employment insurance shall be less than 10 days.

Nevertheless, even though the Defendant was employed as C and did not meet the unemployment benefit requirement for 180 days or more since he did not work for B, the Defendant instructed the above company E to receive unemployment benefits by entering false labor details about C from January 201 to September 2010 on the employment insurance homepage.

C Around December 10, 2010, at the office of the Ulsan-si branch office of the Busan-si Labor Agency located in Ulsan-si, for applying for recognition of eligibility for unemployment benefits based on the above false labor records, and its employees were recognized as a recipient of unemployment benefits from January 2, 201 to March 22, 2011, and was transferred KRW 2,690,200 in total four times from January 2, 201 to March 22, 201.

As a result, the Defendant conspired with C to receive unemployment benefits by fraud or other improper means, and at the same time acquired the said money by fraud or other improper means.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning suspect examination of the police against C, E, or F;

1. Copy of the statement made to G by the police;

1. A copy of the details of supply and demand of unemployment benefits and workplace cards;

1. A passbook;