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(영문) 서울중앙지방법원 2017.02.09 2016고단9218
사기등
Text

Defendant

A Imprisonment for six months, Defendant B and C shall be punished by a fine of two thousand won.

Defendant

B and C shall each be subject to the above fine.

Reasons

Punishment of the crime

1. Joint crimes of the defendant A and B;

A. The fraud defendant A is a person who performs social welfare business as the head of community home F facility (group home) and the defendant B is a main office.

Defendant

A and B submitted false documents related to employment to the State or local governments and the Ministry of Labor, thereby soliciting them to receive subsidies and unemployment benefits.

1) On September 2010, Defendant B received a proposal from a person engaged in community service activities as an infant care teacher to lend his name as if he were working as an infant care teacher and accepted the proposal, and Defendant A included documents necessary for reporting the entry of infant care teacher, such as his resume, graduation certificate, etc.

Defendant

A In fact, although the defendant B was not employed as a child care teacher, he/she is employed by the head of Yangcheon-gu Seoul Metropolitan Government as a child care teacher and worked on September 1, 2010 in order to gain profits with subsidies.

On September 2010, Defendant B received KRW 35,813,455 from the head of Yangcheon-gu Seoul Metropolitan Government (the head of social welfare division) to pay KRW 1,296,070, National Pension KRW 40,50, health insurance KRW 30,485, employment insurance KRW 11,380, and retirement reserve KRW 125,00, KRW 125,00, and KRW 1,503, and KRW 4355, as shown in attached Table 1 (the joint crime of Defendant A and B subsidies) around the end of May 2012.

As a result, Defendant A and B conspiredd the head of Yangcheon-gu Seoul Metropolitan Government to take property benefits of KRW 35,813,455.

2) Defendant B requested Defendant A to issue a certificate of severance from employment for claiming unemployment benefits in order to receive unemployment benefits even though Defendant B did not have worked in F and is not eligible for unemployment benefits under the Employment Insurance Act. Defendant A knowingly agreed to issue a certificate of severance from employment and offered to receive unemployment benefits by applying for unemployment benefits from the Ministry of Labor.

Defendant

B on October 18, 2010, Gangnam-gu Seoul Metropolitan Government Tehro 410.

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