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(영문) 전주지방법원 군산지원 2018.11.28 2018고정350

고용보험법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 31, 2017, the Defendant retired from Company B with limited liability due to delayed payment of wages and received unemployment benefits from June 16, 2017 to December 8, 2017.

No person shall receive unemployment benefits, leave of absence, leave of absence before and after childbirth, etc. by fraud or other improper means, and where a beneficiary has provided labor or started up a business during the period in which he/she intends to obtain recognition of unemployment, he/she shall report such fact to the employment center.

Nevertheless, from October 11, 2017 to December 8, 2017, the Defendant concealed the fact that he/she provided labor with C Stock Company, and applied for unemployment recognition on October 13, 2017, and received unemployment benefits of KRW 139,750 on the same day by falsely applying for unemployment recognition to the Korea Employment Center for the same day, thereby denying the supply of and demand for unemployment benefits of KRW 139,750 on three occasions as shown in the annexed crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the offender, making inquiries about the overlapping benefits of workers employed by the National Tax Service, making inquiries about the details of deposit transactions, making inquiries about unemployment benefits, and applying the legislation of each application for recognition of unemployment;

1. Article 116 (2) of the relevant Act concerning criminal facts, Article 116 of the Insurance Act concerning selective employment of sentence, and selection of fines;

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;