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(영문) 서울남부지방법원 2018.11.02 2018고단3588
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall receive unemployment benefits, leave of absence for childcare, leave of absence before and after childbirth, etc. by false or other unlawful means.

The Defendant, around October 15, 2015, at the Guro-gu Seoul Metropolitan Government Employment Center for Digital 34-gil 27 Employment in Seoul, Seoul, Ministry of Labor; the Defendant, from September 15, 2015 to October 31, 2015, by deceiving the Defendant to apply for recognition of eligibility for unemployment benefits as if he did not have worked for the same period; the Defendant, from September 15, 2015 to October 31, 2015, at the same time, obtained unemployment benefits of the same day from around September 15, 2015 to around October 31, 2015 to the Seoul Yeongdeungpo-gu “E” located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, by means of false acquisition of unemployment benefits of the same day from around September 15, 2015 to around October 31, 208, and at the same time, received the same time the total amount of unemployment benefits by means of deception from around 1,132,1700 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on individual benefits;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the fraudulent point) and Article 116(2) of the Insurance Act (the point of illegal receipt of unemployment benefits);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution do not have a criminal record against the defendant; the defendant was determined to collect refund of KRW 14,758,620 due to the instant crime, and the defendant appears to have paid the full amount of the above amount at present; and the defendant was sentenced to punishment by taking full account of various circumstances as shown in the record and the theory of changes, such as the defendant's age, sex, environment, motive, means and consequence of the instant crime, etc.

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