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(영문) 수원지방법원 안양지원 2017.05.11 2016고정1003
사기등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant (State) retired from C on June 7, 2016 after retirement, applied for unemployment benefits to the Ansan Employment Center located in Annyang Employment Center located in Annyang-gu, 303 at the time of Gyeonggi-do and received unemployment benefits from the said Annyang Employment Center from June 14, 2016.

A qualified recipient who intends to receive unemployment benefits shall report the fact to the head of the employment security office when he/she provides labor or starts up a business during the period of unemployment recognition.

Nevertheless, on August 17, 2016, the Defendant pretended that he/she could not receive unemployment benefits during the period of the above employment, despite the fact that he/she was employed as a full-time position in D Co., Ltd. on August 17, 2016, and was paid 651,240 won of unemployment benefits for 15 days from the employee of the Gyeyang-gu Employment Center, whose name is unknown at the above Ansan Employment Center, as one bank account in the name of the Defendant, on September 1, 2016.

Accordingly, the Defendant, by fraud or other improper means, by deceiving a staff member in charge of the above Ansan Employment Center, received unemployment benefits amounting to KRW 651,240 from the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A written request for investigation;

1. Application of statutes on the details of supply and demand of unemployment benefits;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense, Article 116 (2) of the Employment Insurance Act;

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

1. Selection of an alternative fine for punishment;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (i.e., when considering the circumstances leading to the crime, when considering the fact that there are no criminal record, and when returning the money unlawfully received);

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