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(영문) 창원지방법원 통영지원 2016.10.10 2016고정369
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall receive unemployment benefits (job-seeking benefits and unemployment promotion allowances) by fraud or other improper means.

Since May 15, 2015, the Defendant received a monthly wage of KRW 350-5 million from C Company, etc., which is a marine cooperation company for treatment shipbuilding and ocean, and received a fair management work. However, on June 4, 2015, the Defendant submitted an application for unemployment recognition, etc. to an employee without knowledge of such fact, and received unemployment benefits of KRW 4,816,000 on a total of five occasions from that time to December 7, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Application of data related to the joint control of illegal supply and demand of unemployment benefits, applications for unemployment recognition, confirmation of labor facts, and statutes of the head of Tong;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime, Article 116 (2) of the Employment Insurance Act;

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 sentence of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the provisional payment order shall be reduced by a fine for a summary order, taking into account the fact that the defendant illegally received unemployment benefits on October 7, 2016, after the institution of the instant case, returned the total amount of unemployment benefits.

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