The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal (misunderstanding of the legal doctrine) is that the Defendant satisfied all the requirements for job-seeking benefits, and thus did not violate the Employment Insurance Act, and therefore, the crime of fraud is not established on the grounds that the Defendant did not have the intent of defraudation

2. Determination

A. Of the unemployment benefits under the Act on the Insurance of Employment in the instant facts constituting the instant case, the insured period between the 18-month period prior to the date of employment is at least 180 days in total, and the insured status is not employed despite the intent and ability to work, and the insured status is actively making efforts to be re-employed, and no person shall receive unemployment benefits by fraud or other improper means.

Notwithstanding the fact that the Defendant had worked at the D dental clinic located in Guro-gu Seoul Metropolitan Government from November 1, 2014 to May 1, 2016, the Defendant had committed the following crimes with mind to receive unemployment benefits by pretending that he had worked at the above dental clinic and having been unemployed.

On May 16, 2016, the Defendant received unemployment benefits of KRW 347,320 on May 30, 2016, and paid KRW 1,519,560 on July 4, 2016.

As a result, the defendant deceiving the above employees and received unemployment benefits at the same time by fraud or other improper means.

B. The lower court found the Defendant and the defense counsel guilty of the instant facts charged, rejecting the allegation as follows.

Defendant

In addition, the defense counsel actually worked at E dental clinic and handled the defendant's work only on documents from November 1, 2014 at the employer's request, as if the defendant had worked at D dental clinic. The insurance premium was fully paid during the above period, and retired from office by recommendation from E dental clinic on May 1, 2016, and accordingly, applied for unemployment benefits.