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(영문) 전주지방법원 2017.09.13 2017고정321
사기방조등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

B, C, D, E, F, G, and H are those who worked as a daily worker at the construction site of J, Inc., Ltd., located in Ethnju-gun I, and the defendant is the site manager of the above company.

Although the Defendant knows the fact from June 2012 to February 2016 that the Defendant should not be entitled to unemployment benefits because he/she had worked for at least 180 days at the construction site of the J, Inc., which was held by the Defendant as the site manager, and thus, he/she could not receive unemployment benefits. However, he/she had the intent to help the Defendant receive unemployment benefits, and submitted to the Employment Center of the preceding state of employment in the Ministry of Labor the output in which the number of days of each work was unfased and falsely reported by submitting the employment insurance report to the Employment Insurance Center of the said Ministry, thereby obtaining KRW 29,364,80 in total as unemployment benefits from the victim’s employment Ministry of Labor and facilitating the Defendant to receive unemployment benefits by fraud or other improper means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of examination of the suspect against the accused by the prosecution (including the cross-examination);

1. A protocol for the examination of suspects of the prosecution against D, B, C, K, F, L, G, E, or H (including the substitute part);

1. Details of transactions;

1. Report of internal investigation (Submission of materials about serious demand and supply of unemployment benefits in the Ministry of Labor);

1. Application of Acts and subordinate statutes to a request for cooperation with each investigation (application for recipient qualification);

1. Articles 347(1) and 32(1) of the Criminal Act applicable to the facts constituting an offense, each of the former Insurance Act (amended by Act No. 13041, Jan. 20, 2015); Article 116(2) of the former Insurance Act (amended by Act No. 13041, Jan. 20, 2015); Article 32(1) of the Criminal Act (amended by Act No. 1304, Jan. 20, 2015); Article 116(2) of the respective Insurance Act; Article 32(1) of the Criminal Act (aided and abetting the receipt of illegal benefits after January 20, 2015)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)6 of the same Act

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act to attract a workhouse;

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