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(영문) 춘천지방법원 속초지원 2015.11.20 2015고단540
사기등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 26, 2013, the Defendant applied for recognition of eligibility for unemployment benefits to a public official in charge of unemployment benefits at the early employment center of the Ministry of Employment and Labor, which is in the early early-si, early early-si, early 2013, and obtained recognition of eligibility for unemployment benefits on January 9, 2014. On four occasions from January 9, 2014 to April 1, 2014, the Defendant applied for recognition of unemployment benefits to the above public official in charge of unemployment benefits to the effect that “The Defendant paid unemployment benefits to the public official in charge of unemployment benefits because he/she had the ability to work and actively performs job-seeking activities despite being unable to work.”

However, on January 20, 2014, the Defendant did not actually engage in the job-seeking activities at Cmins located at Cmins, which was located at the early January 20, 2014, and provided a job-seeking desire card to the public official in charge of the Employment and Benefit Center as if the job-seeking activities were conducted on six occasions in total, such as the date of visit, visiting company, address, contact point, occupational categories of support, working conditions such as wages, application methods, results of the interview, and false facts on the job-seeking program, and submitted the employment desire card to the public official in charge

Ultimately, the Defendant, by deceiving a public official in charge of unemployment benefits at the above employment center, applied for the recognition of unemployment as above, and was obtained 2,361,950 won in total as unemployment benefits from the public official in charge of the above unemployment benefits at that time and obtained it by fraud

Summary of Evidence

1. Defendant's legal statement;

1. Details of personal benefits, and details of reemployment activities;

1. Details of the supply and demand of unemployment benefits and employment activities;

1. Application of Acts and subordinate statutes to investigation reports (to hear business calls and statements of companies subject to job-seeking activities);

1. Relevant Article 347 (1) of the Criminal Act for the crime, and Article 116 (2) of the Employment Insurance Act (the point in which 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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