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(영문) 수원지방법원 2018.01.11 2017고정3018
사기등
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

Where a qualified recipient provides labor or starts up a business during the period in which he/she intends to obtain recognition of unemployment, he/she shall report such fact to the head of the employment security office, and no person shall receive unemployment benefits, etc. by fraud or other improper means

On January 26, 2015, the Defendant applied for unemployment benefits and received unemployment benefits at the affiliated employment center of the Gyeonggi-gu branch office of the Gyeonggi-do Employment and Labor Office located in Ansan-si, which was located in the area of 330, the Defendant provided labor in C located in Gunpo-si B from April 2015 to May 2015.

Nevertheless, on April 20, 2015, the Defendant applied for a false unemployment benefit without reporting the provision of labor to a person in charge of unemployment benefits as seen above and without reporting the fact that he/she had provided such labor.

The Defendant, as above, by deceiving a person in charge of unemployment benefits at the Ansan Employment Center, received unemployment benefits of KRW 3,226,020 in total on three occasions, including KRW 1,050,330 around April 21, 2015, KRW 1,050,330 around May 19, 2015, and KRW 1,125,360 around June 18, 2015.

As a result, the Defendant received unemployment benefits by deceiving the victim and receiving property, at the same time by false or unjust means.

Summary of Evidence

1. Statement by the defendant in court;

1. Data on supply of and demand for unemployment benefits;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a transaction account statement);

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 punishment: Selection of a fine;

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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