beta
(영문) 대구지방법원 2013.07.26 2013고단3185

고용보험법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

From July 1, 2009 to July 29, 2009, the Defendant worked as a daily worker on the site of “CGGGGs Factory Machinery and Electricity Pipelines Corporation”.

Job-seeking benefits, which are unemployment benefits, shall be the job-seeking benefits, if an insured worker remains unemployed despite his/her will and ability to work, and if an insured worker at the time of the most recent severance from employment files an application for job-seeking benefits, the number of working days during the one-month period prior to the date of applying for recognition

Although the Defendant worked as a daily worker at the aforementioned construction site as above, the Defendant filed a false application for job-seeking benefits with the Daegu Regional Labor Agency from June 30, 2009 to July 29, 2009, for recognition of eligibility for job-seeking benefits, and received job-seeking benefits amounting to KRW 320,000 from August 6, 2009 to August 13, 2009, by submitting an application for unemployment recognition with the period subject to unemployment recognition from August 6, 2009 to August 13, 2009, as shown in the attached list of crimes, from that time to January 4, 2010, the Defendant submitted an application for unemployment recognition at least six times in total, and received KRW 6,000,000 as unemployment benefits, which were unemployment benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the investigation and report on the fact of illegal receipt of benefits, the individual benefit details inquiry society, the daily employment status inquiry society, the daily worker, the application for eligibility (application), the daily application for eligibility (processing)-day, a copy of the guidance to submit data for the investigation of whether unemployment benefits are illegally received, a copy of the detailed inquiry into details of mass transfer, a copy of the daily work ledger of August 2009, and a copy of the detailed statement of savings deposit transactions;

1. Article 116 of the Employment Insurance Act (amended by Act No. 11274, Feb. 1, 2012) applicable to the crime and Article 116(2) of the same Act (amended by Act No. 11274, Feb. 1, 201

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Supreme Court Decision 62 (1) of the Criminal Act;