Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Around October 30, 2015, the Defendant received an application for recognition of eligibility for job-seeking benefits from the Employment Center of the Middle-gu Local Workers’ Republic of Korea (Seoul-si) and received job-seeking benefits after obtaining recognition of eligibility for unemployment benefits. From December 1, 2015 to April 15, 2016, the Defendant did not receive job-seeking benefits since he/she worked in the former workplace and received wages from the former workplace during the period from December 1, 2015 to April 15, 2015. However, even if there was no eligibility for job-seeking benefits, the Defendant applied for job-seeking benefits from around December 14, 2015 to December 11, 2015, and the Defendant received the total amount of benefits from the Victim Employment Insurance Corporation (hereinafter referred to as the “Defendant Employment Insurance Corporation”) from around 20 days until December 14, 2015 to December 14, 2015; and the Defendant received benefits from around 2004,5.25

Accordingly, the defendant was paid unemployment benefits by deceiving the victim and receiving property, and at the same time by false or fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes that attach data on supply of and demand for unemployment benefits;

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

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

1. Selection of an alternative fine for 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;