A defendant shall be punished by imprisonment for four 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

On April 30, 2009, the Defendant retired from the foreign business division B (State) and was employed from May 1, 2009 to March 15, 2010 in Libya local company (Libya public corporation) and was working for Libya local company from May 1, 2009 to March 15, 201, and thus was not unemployed.

1. Despite the fact that the Defendant was not unemployed on October 5, 2009, the Defendant received 320,000 won from the job-seeking benefits from October 12, 2009 to October 31, 2009, respectively, by submitting an application for recognition of eligibility for unemployment benefits to the Seoul Regional Employment and Labor Agency, Seoul District Office, Seoul District Court, upon which the Defendant received 320,000 won from the job-seeking benefits from October 12, 2009 to October 31, 2009.

2. On November 16, 2009, the Defendant, even though he does not constitute a case of re-employment in a stable occupation or self-employed business for profit-making purposes in a stable unemployment situation, provided the above Labor Agency with a written claim for early re-employment allowance on December 4, 2009 to unlawfully receive early re-employment allowance 4,266,660 won.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Report on illegal receipt, investigation and return, and report on the result of the investigation on illegal receipt;

1. Application for recognition of eligibility for benefits, application for employment insurance benefits, application for early re-employment allowances, inquiry into the details of benefits for each individual, and notification of payment of the amount determined to receive unemployment benefits illegally

1. Article 116 (2) of the Employment Insurance Act, and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act (i.e., confession and reflect, and considering the fact that there is no other criminal records, in addition to the punishment imposed once by a fine);