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(영문) 수원지방법원 성남지원 2018.01.10 2017고정1697
사기등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From October 28, 2013 to September 30, 2014, the Defendant retired from office as a result of his/her service in the Guide (ju), and on October 1, 2014, the Defendant submitted an insurance benefit application to the Sungnam Employment Center of the Ministry of Employment and Labor and received job-seeking benefits from October 15, 2014.

Job-seeking benefits out of unemployment benefits under the Employment Insurance Act shall be paid in cases where the insured unit period between the 18th month immediately preceding the date of this position is at least 180 days in total, and no person shall receive unemployment benefits by fraud or other improper means.

Nevertheless, the Defendant deceiving a public official in charge of the Sungnam Employment Center of the Korea Labor Agency by means of hiding it without reporting his/her employment in scam from November 1, 2014 to February 7, 2015, and obtained recognition of unemployment from the public official in charge on December 10, 2014 to receive KRW 1,050,330 of unemployment grade for the same period between November 13, 2014 and December 10, 2014, and received unemployment benefits from KRW 30,000 to KRW 30,000,000,000,000 from January 7, 2015, and received unemployment benefits from KRW 30,50,000 to January 7, 2015, and received unemployment benefits from KRW 30,050,000,000,000 from KRW 30,315,25,2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Requesting cooperation in investigation (request for data on illegal receipt of unemployment benefits);

1. Notification of subjects to the first investigation (request) by a joint investigation team into illegal supply and demand of unemployment benefits, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (specific amount of damage);

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

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