고용보험법위반
A defendant shall be punished by imprisonment for four months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Punishment of the crime
The Defendant is serving in C (State) located in Sejong City from June 15, 2009 to December 30, 2016.
A resignation from office as a recommendation agency, and received unemployment benefits from January 23, 2017 to August 31, 2017, and is working in Seo-gu Incheon, Incheon, from September 1, 2017 to August 31, 2018.
A person who has retired from employment upon expiration of the contract and received unemployment benefits from September 10, 2018 to February 6, 2019.
No one shall receive unemployment benefits, childcare leave benefits, maternity or paternity leave benefits, etc. by fraud or other improper means, and an eligible recipient shall, when he/she provides labor or starts up a business during the period for which he/she intends to obtain recognition of unemployment, report such fact to
Nevertheless, even though the Defendant is running a consignment driving business from January 3, 2017 to May 2019, the Defendant received the total amount of 17,727,240 won of unemployment benefits from February 8, 2017 to February 8, 2019 by submitting a false application for recognition of eligibility for benefits with no employment-related facts to the Incheon Employment and Labor Office located in Nam-gu Incheon Metropolitan City, and received the unemployment benefits of KRW 651,240 around February 8, 2017.
Summary of Evidence
1. Defendant's legal statement;
1. A written answer by each business owner;
1. Applications for recognition of eligibility for each benefit and applications for recognition of unemployment;
1. Inquiries about the details of personal benefits, inquiries about personal history, inquiries about overlapped details of the National Tax Service, and inquiries about information about business sites;
1. Application of detailed statement of financial transactions and statutes;
1. Relevant Article 116 (2) of the Employment Insurance Act and Article 116 (2) of the Employment Insurance Act for the crime, and the choice of imprisonment;
1. While the amount of unemployment benefits illegally received under Article 62(1) of the Criminal Act exceeds the total of KRW 17 million and most of the illegally received amount was not returned, the Defendant made a confession, and the Defendant should return the illegally received amount of unemployment benefits.