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(영문) 서울남부지방법원 2017.05.31 2016고단5695
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In order to receive unemployment benefits from the Ministry of Labor, the number of working days between 18 months prior to the date of retirement shall be at least 180 days, and the number of working days during one month prior to the date of application for recognition of eligibility of recipients shall be less than 10 days.

Nevertheless, the defendant suggested that he can receive unemployment benefits from D, who is the on-site leader of the company C in Gangnam-gu Seoul, which is located in the building in Gangnam-gu Seoul, report the number of days of work by false influence, and D accepted this, thereby falsely reporting the number of days of work of the defendant who did not keep 180 days working at the above company site.

Accordingly, in collusion with D, the Defendant: (a) as a daily employee belonging to C during the period from August 2008 to November 5, 2016, the Defendant reported to the company as if he had worked for at least 180 days in the original E apartment site, etc.; (b) entered the Defendant’s false labor details on the employment insurance website via a person in charge; (c) on August 26, 2011, the Defendant applied for recognition of unemployment benefits on the basis of the aforementioned false labor details at the Seoul High Employment Center of the Seoul High Employment Agency located in Guro-gu Seoul High Court, Seoul High Employment Center, 34-ro 27, 201; and (d) on December 4, 2011, the Defendant was recognized as a recipient of unemployment benefits from the above employment center to receive unemployment benefits; and (e) was denied the Defendant’s payment of unemployment benefits of KRW 1,01,110 during the total period from November 5, 2015 to November 1, 2018.

Accordingly, the defendant received unemployment benefits in collusion with D by illegal means, and at the same time, by deceiving a person who works at the Seoul Gwanak Employment Center, and by receiving property equivalent to the amount of unemployment benefits from the employee.

Summary of Evidence

1. Statement by the defendant in court;

1. Prosecutions on D.

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