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(영문) 울산지방법원 2015.10.16 2015노789
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (four months of imprisonment and one year of suspended execution) of the lower court is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized each of the instant crimes; (b) the Defendant had no record of criminal punishment; and (c) the fact that the unemployment benefits received by the Defendant were fully returned.

However, each of the instant crimes was committed by the Defendant, even though the Defendant was not the unemployed, by applying for unemployment benefits in a false way. The crime was committed against the intent of the Employment Insurance Act to ensure the stability of workers’ livelihood when the workers were unemployed, and thus obstructing legitimate administrative procedures and eventually, may cause damage to the legitimate receiving authority of unemployment benefits by deteriorating the national financial soundness, and thus, the crime is not less weak, and the amount of damage also exceeds 11,713,630 won, which is disadvantageous to the Defendant.

In full view of the above favorable circumstances and conditions, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstances after the commission of the crime, and other various circumstances, which are conditions for sentencing as shown in the trial process, even if considering all favorable circumstances for the Defendant, it cannot be deemed unfair since the lower court’s punishment is too unreasonable. Thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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