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(영문) 울산지방법원 2016.05.20 2016노340
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

2. The fact that the Defendant is both recognized and against all of the instant crimes, and the instant crime is deemed to have been committed in favor of the Defendant, such as: (a) there is a need to determine punishment in consideration of equity in the case of concurrent crimes between the crime of fraud, etc. as indicated in the judgment of the lower court, which became final and conclusive; and (b) the fact that the money in the name of unemployment benefits acquired by the Defendant appears to have been returned,

However, the crime of this case was committed by the Defendant in collusion with C as a result of acquiring KRW 2,690,200,00 in aggregate from the Republic of Korea as unemployment benefits on the basis of the false labor content of C. Such crime interferes with legitimate administrative procedures by the State regarding the payment of unemployment benefits, and eventually, it cannot be determined that the crime is unfair because it was committed too much to the extent that the punishment imposed by the court below should be reversed, taking into account all the factors indicated in the argument of this case, such as the circumstances unfavorable to the Defendant, such as the Defendant’s age, family relation, criminal record, relationship, sex, environment, means and method of crime, motive and circumstance of crime, and circumstances after crime.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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