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(영문) 서울북부지방법원 2014.04.23 2014고정435
사기등
Text

A defendant shall be punished by a fine of 600,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 14, 2009, the Defendant applied for recognition of eligibility for employment insurance to a public official in charge of unemployment benefits at the Seoul Northern District Employment Center located in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, Seoul Northern District Office for Employment and Labor, and obtained recognition of eligibility for unemployment benefits on October 19, 2009, and applied for recognition of eligibility for unemployment benefits on two occasions from March 17, 2010 to April 19, 2010 at the above Employment Center to the public official in charge of unemployment benefits who is in charge of unemployment benefits for two occasions from March 17, 2010 to April 19, 2010.

However, the facts are that the Defendant re-employment to the “Smi Life Insurance Co., Ltd.” around March 5, 2010, and even though the Defendant knew of the fact of re-employment at the time of applying for unemployment recognition, despite hiding such fact, applied for unemployment benefits by deceiving a public official in charge of unemployment benefits for the Seoul Northern Employment Center at Seoul Northern District Office, Seoul Northern District Office, and filed an application for unemployment benefits from the public official in charge of the above unemployment benefits on March 18, 2010, and the same year.

4. The unemployment benefits was received in an unlawful manner 1,110,340 won; and

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Report on the commencement of internal investigation by a person who illegally receives unemployment benefits;

1. Investigation report (the outline of the unemployment benefits system and the verification of the actual state of fraudulent receipt of unemployment benefits);

1. Reporting on findings of the illegal receipt of unemployment benefits (A);

1. Inquiry into the application for recognition of eligibility for employment insurance benefits and personal benefits;

1. An investigation report (a report on confirmation of the date of recognition of entitlement);

1. Application of the Acts and subordinate statutes to the investigation report (the report on confirmation of the date of re-employment);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 116 (2) of the Employment Insurance Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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