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(영문) 대구지방법원 김천지원 2019.01.08 2018고정332
사기등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant and B submitted false employment-related documents, such as employment certificate, employment contract, etc., and conspired to receive employment promotion subsidies, maternity protection benefits, etc. paid by the victims of old-unemployed Labor Branch Office, as if the Defendant did not have worked as a member of Kimcheon-si D in Kimcheon-si.

Around February 5, 2016, the Defendant submitted to the person in charge of the former pre-employment center by preparing an employment-related documents, such as the Defendant’s certificate of employment, and receiving maternity benefits through B, as if he/she was entitled to receive maternity benefits according to the aforementioned conspiracy, and submitted them to the victim’s pre-employment center by February 2, 2018, which was paid KRW 8,600,000 as maternity benefits for 16 times from the victim until February 2, 2018.

On the other hand, around November 15, 2017, B submitted 2,400,000 won as subsidies for employment stability during the period of childbirth and childcare to the person in charge of the former pre-employment center by submitting a false document, such as the Defendant’s certificate of employment, or an application, as if he/she was eligible to receive subsidies for employment stability during the period of childbirth and childcare, according to the aforementioned recruited contents, and received them directly from the Defendant.

As a result, the Defendant conspired with B by deceiving the victim, and received a total of KRW 11,00,000 from the victim, and received benefits by unlawful means.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Statement to E by the police;

1. Details of illegal receipt, a statement of account transactions in the name of the F Bank bank under B, and a payment statement of subsidies;

1. Application of Acts and subordinate statutes on internal investigation reports (in relation to attachment of materials submitted by a staff member of the Daegu Regional Employment and Labor Office);

1. The corresponding provisions of the Criminal Act concerning criminal facts; and

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