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(영문) 대구지방법원 서부지원 2018.10.16 2018고정316
사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 29, 2014, the Defendant submitted to the competent employee an application for recognition of eligibility for employment insurance which was falsely prepared as unemployed while working as a worker at a construction site from July 2, 2010 to August 4, 2016 at the Daegu Seo-gu Employment Center in Seo-gu, Seo-gu, Seo-gu.

However, in fact, the defendant did not have worked as a worker at the construction site during the above period, so there was no eligibility to receive unemployment benefits.

Nevertheless, on October 11, 2016, the Defendant deceiving the employees of the Employment Center, and received KRW 347,320 from the Korean bank account opened by the Defendant name around October 1, 2016, a total of 3,907,410 won from the time to January 3, 2017, as indicated in the List of Crimes (2).

After all, the defendant received unemployment benefits by fraud or other improper means, and at the same time, acquired the above money from the victim of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect B or C by the police;

1. To inquire about a physical list suspected of fraudulent receipt of unemployment benefits (e.g., records No. 67 pages), applications for recognition of eligibility of recipients, details of unemployment benefits supply and demand, inquiries about the details of employment by the insured, and the completion of basic safety education for construction;

1. Response to a request for cooperation in investigation - Details of the receipt of care benefits (record No. 152 pages);

1. Report on internal investigation (Search of a person under investigation) and file documents for internal investigation ( Daegu Seongbuk Police Station and receipt number 2014-7944);

1. Application of Acts and subordinate statutes to report internal investigation (person under suspicion A telephone communications);

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (referring to fraud, inclusive) and Article 116(2) of the Employment Insurance Act (limited to the occupation of fraudulent receipt of unemployment benefits, including the occupation of fraudulent receipt)

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

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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