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(영문) 수원지방법원 2017.04.20 2016고단6739
사기등
Text

1. Defendant A’s imprisonment with prison labor, Defendant B’s fine of KRW 2,00,00,000, Defendant C’s fine of KRW 10,000,00, and Defendant A’s imprisonment with prison labor.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to one year of imprisonment with prison labor for violating the Employment Insurance Act at the Seoul Central District Court on May 10, 2007; on November 27, 2007, Defendant A was sentenced to four years of imprisonment with prison labor for violating the Employment Insurance Act; on May 20, 2009, Defendant A was sentenced to four months of imprisonment with prison labor for violating the Employment Insurance Act; on August 26, 2009, Defendant A was sentenced to four months of imprisonment with prison labor for violating the Employment Insurance Act at the same court on August 26, 2009; and on November 20, the execution of the said sentence was completed at the first intersection of North Korean Vice-do on November 20, 2012.

[Criminal facts] Defendant A was a person who was in charge of accounting and management in M Co., Ltd., Ltd., in the course of harmony L, Defendant A’s former part of Defendant A, Defendant C, and Defendant D, Defendant A’s seat, Defendant A’s seat, and Defendant H’s representative.

Where a worker has been employed for at least six months at a workplace where he/she has subscribed to employment insurance pursuant to the Employment Insurance Act, if requested by a unemployed worker, unemployment benefits shall be provided to support the livelihood and job seeking of unemployed workers through the employment support center of the Ministry of Labor.

Defendant

A using the fact that the examination of the eligibility for unemployment benefits is conducted formally at the time of applying for unemployment benefits, A has attempted to receive unemployment benefits by falsely manipulating the data necessary for applying for unemployment benefits, such as the period of work, as if a person who does not meet the requirements for unemployment benefits under the Employment Insurance Act is an employee subject to unemployment benefits.

1. Defendant A, Defendant C, Defendant C, Defendant D, and Defendant E’s joint criminal acts in collusion with each of the Defendants B, Defendant C, Defendant D, and Defendant E, and the facts are as follows: (a) the said company was closed at the end of March 2015 and was not in fact operated thereafter; (b) thus, Defendant A was unable to claim unemployment benefits on the date of loss of the company on March 11, 2015; and (c) Defendant B, Defendant C, Defendant D, and Defendant E are entitled to claim unemployment benefits on the ground that they were not having worked for the said stock company.

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