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(영문) 대구지방법원 서부지원 2017.05.12 2017고정18
사기등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No one shall receive unemployment benefits, etc. by fraud or other improper means.

The Defendant was employed as a business employee in the Fladar Safety Industry around May 17, 2016, and provided labor to the Fladar Safety Industry until May 23, 2016, and voluntarily retired on May 24, 2016, and thus, the Fladar Safety Industry is the final severance (the last place of business) and is not eligible to receive unemployment benefits.

Nevertheless, on June 2, 2016, the Defendant prepared at the Daegu Seo-gu Employment Center located in Seogu, Daegu-gu, Daegu-ro 9 as above, that the Defendant was finally voluntarily retired from employment in the Franchise safety industry and concealed the fact of voluntary withdrawal. In the final column of the application for recognition of eligibility for employment insurance, “B”, “B” on May 6, 2016” on the date of acquisition of eligibility for employment insurance, “v. 7, 2016” on this direct date, and “Dismissal” on the specific reason for departure from employment, and submitted the name of the above Employment Center to an employee, and the said employee was transferred KRW 347,320 on June 17, 2016 from the said employee to the Agricultural Cooperative’s account in the name of the Defendant.

As a result, the Defendant, by deceiving the head of the Daegu employment labor office of the damaged party, obtained the job seeking benefit, which is a unemployment benefit, by fraud, and at the same time, received the job seeking benefit by illegal means.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A D Inspector;

1. Reporting on the results of post-issuance of unemployment benefits, details of payment of unemployment benefits, inquiry into the history of the insured, application for recognition of eligibility for benefits, and application of statutes governing retirement;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense, Article 116 (2) of the Employment Insurance Act;

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 for the Provisional Payment Order [Consideration, such as the fact that the defendant voluntarily reported the illegal supply and demand, the fact that the defendant is against the illegal demand, and the full refund of the illegal supply and demand amount];

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