The judgment below

The part against the defendant shall be reversed.

The sentence of sentence against the defendant shall be suspended.

1. The decision of the court below on the gist of the grounds of appeal is unreasonable because it is too unfilled.

2. Before deciding on the grounds for appeal by the prosecutor ex officio, the crime of this case against the defendant is an aiding and abetting offender and must be sentenced to the punishment within the scope of the term of punishment, which is necessary to be mitigated pursuant to Article 32(2) of the Criminal Act. Since the judgment of the court below is too excessive to aiding and abetting and determining the punishment by omitting mitigation, the part of the judgment of the court below against the defendant can no longer be maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of sentencing, and the part of the judgment of the court below against the defendant is reversed, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by this court is identical to the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. 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) on criminal facts

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. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing under Article 59(1) of the Criminal Act of the suspended sentence is the chief of the management department in charge of the business affairs of the company with limited liability and aids and abets C, etc. to receive unemployment benefits by having the aforementioned company re-employment with knowledge of the fact that eight persons, including C, were receiving unemployment benefits from employment security agencies, and omitting a report on acquisition of employment insurance qualification.