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(영문) 서울남부지방법원 2016.04.26 2016고단368
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, and by a fine of four million won for Defendant B.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the F’s wife, the representative director of the Defendant E Co., Ltd. (hereinafter “Defendant Company”), and the Defendant Company is in charge of accounting and general affairs, and G, H, I, J, K, L, M, N,O, and P are employees who are employed in the Defendant Company.

Job-seeking benefits out of unemployment benefits under the Employment Insurance Act shall be paid in cases where the insured unit period between the 18-month period prior to this job is at least 180 days in total, is in the state of being unemployed despite being able and able to work, and is actively seeking reemployment, and no person shall receive unemployment benefits by fraud or other improper means.

Nevertheless, Defendant A conspired with G, etc. to allow G, etc. to receive unemployment benefits on the ground that G, etc. did not belong to the conditions for receiving unemployment benefits because G, etc. actually worked in the Defendant company, despite that G, etc. do not fall under the conditions for receiving unemployment benefits, G, etc., and committed the following crimes.

1. Defendant A

A. On March 2, 2010, the Defendant conspired with Q to commit the crime of conspiracy with Q Q, and intended to allow Q to apply for a false unemployment benefit and to receive a false payment, assuming that Q had been employed in the Defendant company and had been continuously employed in the Defendant company, even though Q had not been employed in the Defendant company.

Accordingly, on May 4, 2010, Q received KRW 320,000 as unemployment benefits on May 6, 2010, from May 6, 2010 to September 29, 2010, a total of KRW 6,000,000 from May 6, 2010 to September 29, 2010.

As a result, the Defendant conspired with Q Q to receive property by deceiving employees from the name of the Ansan Employment Center.

B. The Defendant committed a conspiracy with G.

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