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(영문) 수원지방법원 안양지원 2019.05.16 2019고정141

고용보험법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

No person shall receive unemployment benefits, child-care leave benefits, maternity leave benefits, etc. by fraud or other improper means, and an eligible recipient shall, when he/she provides labor or initiates business during the period in which he/she intends to obtain recognition of unemployment, report such fact to the Employment Center

Nevertheless, on December 1, 2017, the Defendant was not entitled to childcare leave benefits on January 4, 2018, the Defendant unlawfully received KRW 4,948,000 for childcare leave on eight occasions, such as hiding the fact of reinstatement to the Ansan Employment Center and receiving KRW 816,00,00, by submitting an application for childcare leave benefits on January 4, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Applications for temporary retirement benefits for childcare and personal history inquiry;

1. Application of Acts and subordinate statutes on the details of payment of benefits and account transactions;

1. The relevant Article of the Criminal Act as to the crime and Article 116(2) of the Criminal Act as to the selection of fines, inclusive;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, reflects the recognition of the crime.

After being examined in the instant case, approximately KRW 4,90,00 and approximately KRW 2,90,000,000 for additional collection were returned, and there was no specific penalty power except for the previous conviction due to the crime of Lee Jong-sung before about about 10 years, and the defendant must provide support to a child suffering from brain death, and other circumstances, such as the defendant's age, character and conduct, family relation, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined by taking into account.