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(영문) 대구지방법원 2020.08.25 2020고정976
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Job-seeking benefits are classified into job-seeking benefits and employment promotion allowances, and job-seeking benefits are required to be paid for at least 180 days by aggregating the insured unit period for 18 months prior to the date of severance from employment (base period).

No person shall receive unemployment benefits by fraud or other improper means.

On November 10, 2016, the Defendant appeared at the Daegu Seo-gu Employment and Welfare Plerg Center located in Seo-gu, Daegu-gu, Daegu-gu, 9, and prepared an application for recognition of eligibility for employment insurance benefits by stating that he/she was unemployed after having worked as a full-time employee from September 10 to June 1, 2015 from “agricultural Partnership B” to “FFB B” to “from September 10, 2015 to June 1, 2016, and filed a false application for unemployment benefits with the person in charge of unemployment benefits.

However, the Defendant failed to meet the requirement to receive unemployment benefits, such as the insured unit period of less than 180 days, due to the Defendant’s failure to work normally during the above period in the “agricultural partnership B” of the Daegu Jung-gu Seoul Building D.

Nevertheless, the Defendant, as seen above, by deceiving a person in charge of unemployment benefits at the Seog employment and welfare display center, received the unemployment benefits in an unlawful manner at the same time as in the attached Table 3,907,410 won from November 24, 2016 to February 16, 2017, in total, four times from the victim’s country.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report internal investigation (referring to the response of data by the employment and labor office for persons subject to internal investigation) and investigation reports (referring to the submission of an application for recognition of eligibility for receipt of a report

1. Relevant Article 347 (1) of the Criminal Act for the crime (Fraud) and Article 116 (2) 2 and 116 (1) 2 of the Employment Insurance Act (the fact that unemployment benefits are received by illegal means);

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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