A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall receive unemployment benefits by fraud or other improper means.

Since the Defendant is a de facto business owner of the company “C” in Ansan-gu, Ansan-si, the Defendant was employed by the said company as an employee on June 1, 2016 without an employment insurance status, and applied for unemployment benefits of KRW 7,644,10 in total on June 25, 2018 by filing a false report on the insured status of employment insurance with the Ansan Employment Center located in Ansan-gu, the Plaintiff filed an application for unemployment benefits of KRW 11 as of June 25, 2018, and received unemployment benefits of KRW 43,720 on July 10, 2018 from that time to December 27, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the details of benefits for individuals, inquiry into personal history of employment insurance, and application of statutes on account transactions;

1. Article 116 (2) of the Employment Insurance Act for the facts constituting an offense, and Article 116 of the same Act for the selection of punishment;

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

1. The crime is not likely to be committed by abusing the social system to assist those who are unemployed in sentencing under Article 62(1) of the Criminal Act.

However, since there are circumstances favorable to the defendant, such as the return of illegal money and compensation faithfully, the punishment shall be determined by integrating them.