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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
Some of the facts charged were corrected.
The Defendant had never worked in B during the period from March 17, 2014 to May 21, 2015.
Nevertheless, the Defendant indicated, around June 9, 2015, at the Busan Dong Employment Center located in Suwon-ro 676, Busan, Suwon-gu, Busan, as the employment insurance history with which C, the accounting manager of the above B, has falsely subscribed for the above period, and, at the last place of business, the Defendant entered the name of “(state)B”, “(601) of the D Building in Busan, Dong-gu, Busan, and the date of acquisition of qualification (Membership Day), “3...............” on the date of the post, “if the circumstances of the company make it difficult for the Defendant to find employment” in the column of employment status, and submitted it to the public official in charge to obtain benefits for 10 days from June 16, 2015 to October 13, 2015 (the amount of benefits to be received for 40 days from June 16, 2015).
After that, on June 23, 2015, the Defendant received 321,40 won in Korean bank account (Account Number: E) with the name of Defendant on the same day after applying for recognition of unemployment at the above Busan East Busan East Employment Center.
In addition, the Defendant received unemployment benefits by remitting the amount of KRW 4,821,080 through five times as indicated in the annexed crime list from around the above day to October 13, 2015 in a false or other unlawful manner, as well as from the above day to October 13, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspect C by the police;
1. The application of Acts and subordinate statutes to the personal benefit details inquiry (260 pages of investigation records), applications for recognition of eligibility for benefits (263 pages of investigation records), applications for recognition of unemployment (267 pages of investigation records), and specifications of passbook transaction (291 pages of investigation records);
1. Article 116 (2) of the relevant Act concerning facts constituting a crime and Article 116 (2) of the Insurance Act concerning the selective employment of a punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;