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The judgment below
The part against the Defendants is reversed.
Defendant
C and B shall be subject to a fine of 2 million won, Defendant A.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible to the extent that the sentence of the lower court [each suspended sentence (one million won for Defendant C and B, a fine of one million won for Defendant A, and a fine of one million won for Defendant D)] is too unfased.
2. The Defendants made a confession to commit each of the instant crimes and are against the truth.
The Defendants paid both wages and additional dues that the Defendants received illegally.
The prosecutor asserts that only part of the unemployment benefits received by the Defendants were refunded. However, according to the evidence duly adopted and examined by the court below, Defendant B, A, and D choose a lump sum payment and received a reduction of 40% of the additional dues. Defendant C did not choose a installment payment and did not receive a reduction of the additional dues, and paid all the unemployment benefits and additional dues ordered to be returned.
Defendants are first offenders who have no criminal history.
However, each of the crimes of this case is that the Defendants received unemployment benefits by fraudulent or other unlawful means, and it is necessary to strictly punish the Defendants since social harm is high in that it interferes with transparent enforcement of the law regarding public funds and worsens the soundness of the national finance and eventually leads to many victims of good faith.
Defendant
In the case of C, B, and D, the number of unlawfully received and the amount are less than that;
In the case of Defendant A, it is difficult to see that the means of applying for unemployment benefits can be denied even though he did not have worked as a regular employee.
It is difficult to see it.
Equity with the summary order notified by accomplices shall also be taken into consideration.
In full view of the above circumstances, the defendants' age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below is too weak.
3. The appeal by the prosecutor of the conclusion is with merit, and the judgment of the court below is reversed and the pleading is made in accordance with Article 364(6) of the Criminal Procedure Act.