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(영문) 서울동부지방법원 2017.11.03 2017고단2482
사기등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who served as a daily worker in the construction company of the trade name D Co., Ltd. in Ulsan-gu, Ulsan-gu.

The defendant's wife E from January 20, 2014 to the same year.

8. By December 23, 2014, as if the above company had worked as a daily worker at the above company, F prepared a statement of payment of daily wages through F, and on December 23, 2014, E had E applied for eligibility for unemployment benefits at the victim’s Seoul East Branch Office of the Seoul Regional Labor Agency.

However, fact is that E from January 20, 2014 to the same year.

8. There was no recipient of unemployment benefits since he had worked in the company for at least 90 days up to 23.

Nevertheless, the Defendant, in collusion with E, received the total amount of KRW 3,600,00 from the victim, who is deceiving the victim, and acquired the pecuniary benefits equivalent to KRW 1,120,000 from the victim to the new bank account in the name of E, respectively.

2. No person who violates the Employment Insurance Act shall receive unemployment benefits by fraudulent or other illegal means;

Nevertheless, the defendant was paid the unemployment benefits of KRW 3,600,000 in total four times by submitting an application for eligibility to receive benefits in collusion with E in collusion with the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against F and E;

1. A criminal investigation intelligence report;

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes for recognition of eligibility;

1. Article 347(1) and Article 30 of the Criminal Act applicable to the facts constituting an offense, Article 116(2) of the Employment Insurance Act, Article 30 of the Criminal Act (the point of illegal receipt of unemployment benefits);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment provided for more severe frauds shall be punished. The act of receiving unemployment benefits by submitting false documents is committed against frauds and the Insurance Act.

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