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(영문) 수원지방법원 성남지원 2012.10.18 2012고정612

사기등

Text

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

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. The Defendant is the actual operator of C Co., Ltd. against the Employment Insurance Act.

No person may receive unemployment benefits by fraud or other improper means.

Around December 14, 2010, the Defendant: (a) at the Sungnam Employment Center located in Sungnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-si; and (b) at the Sungnam Employment Center located in Sungnam-gu, Sungnam-si; and (c) as an actual operator of the above company, despite the absence of an insured status, the Defendant applied for recognition of eligibility for employment insurance benefits for 120 days from December 21, 2010 to April 19, 201, and received the recognition of unemployment on December 329, 2010; (b) KRW 120,000 won on January 26, 201; and (c) the same year.

2. 23.1120,000 won, and the same year.

3. 23.1120,000 won, and the same year.

4. A total of KRW 4,800,000 received KRW 1120,000,000 for unemployment benefits on five occasions.

2. Although the Defendant was not qualified as an employment insurance, he/she, by deceiving the victim of the Republic of Korea by submitting an application for recognition of eligibility for unfair employment insurance at the time, place, as mentioned in paragraph (1) above, and obtained a total of KRW 4,800,000 from the victim five times as mentioned in paragraph (1) above.

Summary of Evidence

1. Legal statement of witness D;

1. Copies of each protocol of examination of witness with respect to E and D;

1. A protocol concerning the police interrogation of the accused;

1. Details of confirmation of fact, such as telephone (E, F);

1. A report on the result of illegal receipt of benefits, a report on wrongful acts, inquiry about the details of benefits for each individual, an application for recognition of eligibility for benefits, details of passbook transactions, and copies

1. Application of Acts and subordinate statutes to report internal investigation;

1. Relevant Article 347(1) of the Criminal Act concerning the facts constituting the crime, and comprehensively Article 116(2) and each of the Employment Insurance Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.