Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

No one shall receive unemployment benefits, etc. by fraud or other improper means, and where a person qualified to receive unemployment benefits provides labor or starts up a business during the period for recognition of unemployment, he/she shall report such fact to the head of an employment security office

The Defendant was unemployed while serving in the (State)AMF and was unemployed from March 11, 2014 to August 7, 2014, and was employed in “B” around May 28, 2014 during the period of recognition of unemployment and provided work from that time until September 20, 2014.

Nevertheless, on June 10, 2014, the Defendant: (a) prepared an application for recognition of eligibility for employment insurance with false employment insurance with no concealment of the fact that he/she provided labor as above; (b) submitted it to an employee under the name of the said employment center; and (c) received from the said employee the amount of KRW 560,000 on the same day as the unemployment benefits; (d) KRW 1,120,000 on July 8, 2014; and (e) KRW 1,200,000 on August 7, 2014 from the said employee to the agricultural bank account under the name of the Defendant.

As a result, the Defendant, by deceiving the head of the Daegu employment labor office of the damaged party, acquired 2,80,000 won in total, and received job seeking benefits, which is unemployment benefits, by unlawful means.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to computerized inquiry data, such as a written request to correct the insured status, a written request to rectify the insured status, a written statement of the person responsible for reporting, a business owner's confirmation, a copy of the attendance book, a voluntary report, an inquiry into the history of employment insurance, and a statement

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the fraudulent point) and Article 116(2) of the former Insurance Act (amended by Act No. 13041, Jan. 20, 2015) (the point of illegal receipt of unemployment benefits)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments provided for in more severe frauds);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.