The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

No person shall receive unemployment benefits, etc. by fraud or other improper means, and a person who was a daily worker at the time of the final severance from employment may receive unemployment benefits after obtaining eligibility for benefits only if the number of working days during the one-month period prior to the date of application for eligibility for benefits falls short of ten days.

From December 23, 2017 to January 22, 2018, the Defendant worked for ten days in the “C Residential Environment Improvement Project Construction Site” of the Company B.

Nevertheless, on January 23, 2018, when filing an application for recognition of eligibility for unemployment benefits with the head of the Busan Northern Labor Branch, the Defendant falsely reported that he/she engaged in daily work only seven days during the above period and recognized eligibility for unemployment benefits, and received KRW 1,67,020 in total for unemployment benefits on two occasions from January 30 to March 6, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to inquire into the details of benefits for each individual, history inquiry, detailed inquiry into the workplace of employment insurance, details of labor and transfer certificates, confirmation of labor relations, application for recognition of eligibility, application for unemployment recognition, restrictions on payment or return of unemployment benefits, and notification of decision on additional collection

1. Article 116 (2) of the Employment Insurance Act for criminal facts;

1. A fine of 500,000 won for the decision;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. It is so decided as per Disposition on the grounds that the total sum of KRW 2.1,180,00 is expected to be returned, including the means and results of the crime, the circumstances after the crime, the age, character and conduct, environment, family relationship, and social relationship of the defendant, etc. is above Article 59(1) of the Criminal Code (the defendant's mistake is divided, no criminal records are available, the circumstances leading to the crime of this case, the amount of illegal receipt and additional collection, etc.) of the suspended sentence is above the above Article 59(1) of the Criminal Code.