The judgment of the court below is reversed.

The defendant shall be innocent.

1. Around June 17, 2008, the Defendant prepared a written recognition of eligibility for employment insurance at the Nowon-gu Seoul Special Metropolitan City Employment and Labor Office (Seoul Special Metropolitan City Nowon-gu) Employment and Labor Office (hereinafter “Seoul Special Metropolitan City Employment and Labor Office”) to apply for unemployment benefits, and the facts are as follows: (a) although the Defendant had worked for 13 days prior to the date of application for eligibility, the Defendant indicated the application in column less than 10 days prior to the date of application for eligibility; and (b) written a written confirmation in the written confirmation stating that “the working days during the one-month period prior to the date of application for eligibility” are less than 10

Even if a person did not receive unemployment benefits by fraud or other improper means, the Defendant received KRW 4,061,490 in total under the pretext of unemployment benefits on six occasions from June 24, 2008 to October 21, 2008, by falsely stating a written recognition of eligibility for unemployment benefits as if the number of working days does not exceed 10 days a month before the filing date of the application for unemployment benefits is less than 10 days.

2. The lower court found the Defendant guilty of the instant facts charged and sentenced a fine of KRW 3,00,000 in accordance with the evidence in its judgment.

3. Summary of grounds for appeal;

A. The defendant of mistake of facts is employed by C Co., Ltd. (hereinafter "C") from June 2006 to work at the site of G housing reconstruction work, and when " below the work site of G housing reconstruction work site" was performed at the construction site of this case, he could not work since May 2008 because he did not have a day-to-day day-to-day day-to-day day from May 17, 2008, because he visited the North Employment Center of Seoul Employment and Labor Agency of Seoul, Seoul, and could not work from April 17, 2008 for the above reason. Thus, the number of working days during the first month prior to the application date is less than 10 days, and a written application for recognition of eligibility for employment insurance and a written confirmation.