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(영문) 수원지방법원 안산지원 2016.01.12 2015고정1516

고용보험법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

B is the director of the management division of C, D, E, F, and Defendant A who have worked as a production-based employee.

G is the representative of the Motor Vehicle Parts C, which is located in Ansan-si, Y.

At around August 6, 2015, G accepted a manufacturer of automobile parts I (State) and succeeded to employment of D, E, F, and Defendant A, a production employee, in the process of changing the trade name to C, but the D, E, F, and Defendant A conspired to receive unemployment benefits in the way that “the above four production employees are unemployed and their children were employed in C,” respectively, in the meaning of compensation for unpaid wages for G and its period.

Criminal facts

No person shall receive unemployment benefits by fraud or other improper means.

B Pursuant to G’s instructions, at the office located in Ansan-si, Jeonsan-si around August 6, 2014, Defendant A prepared documents necessary for the supply of and demand for unemployment benefits, such as a report on loss of employment insurance, as Defendant A was unemployed. Defendant A applied for unemployment benefits to the Ansan-si Employment Center around that time according to the above public offering, and received the total amount of unemployment benefits KRW 7,089,720 from August 25, 2014 to March 22, 2015, as shown in the attached Form.

As a result, Defendant A conspired with B and G to receive unemployment benefits by fraud or other improper means.

Summary of Evidence

1. Statement by the defendant in court;

1. The accusation, the statement of the investigation of illegal demand and supply report (17 times a year), the report on the result of the investigation of illegal demand and supply planning (18 times a year), and the application of the Act and subordinate statutes at least 21 times a year;

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 (/a) of the Provisional Payment Order;