beta
(영문) 수원지방법원 성남지원 2017.03.17 2017고정103

고용보험법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the employee of the company C in the field of dogs and processing company in Gwangju City, and D is the representative of the company C.

No one shall receive unemployment benefits, leave of absence, etc. by false or other unlawful means.

In collusion with D, the Defendant entered into an employment contract with C as of March 2, 2016, and had the Defendant receive wages under the name of another person, and the Defendant received unemployment benefits on March 25, 2016, by applying for unemployment benefits at the echeon Employment Center of the 1309 Seongbuk-si Branch Office of the Sungcheon-gu Employment Agency of the 1309 Seocheon-si and applying for unemployment benefits at the Leecheon Employment Center of the 1,124,920, April 25, 2016, and received unemployment benefits by unjust means. < Amended by Act No. 1417, Mar. 1, 2016; Act No. 124, Apr. 25, 2016; Act No. 12420, May 23, 2016; Act No. 14176, Jun. 23, 2016; Act No. 14080, Jun. 23, 2016>

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A report on confirmation of labor details and the details of service for an excessive period;

1. Applications for recognition of eligibility for benefits and applications for recognition of unemployment;

1. Application of Acts and subordinate statutes to the details of liquidity transactions;

1. Article 116 (2) of the relevant Act concerning the facts constituting an offense, Article 116 of the Insurance Act concerning the selective employment of a punishment, and Article 30 of the Criminal Act;

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;