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(영문) 부산지방법원 서부지원 2018.05.09 2018고정84

고용보험법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

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

On March 28, 2014, the Defendant: (a) at the branch office of the Busan Regional Labor Agency of the Busan Regional Labor Agency as the name of Busan, around 2014, the Defendant denied the payment of unemployment benefits of KRW 30,00,960 by falsely preparing and submitting an application for unemployment recognition as if he/she had not been employed even though he/she had been employed as a worker in the “(State)C” located in the Busan Regional Labor Agency B during the period subject to unemployment recognition (from March 28, 2014 to September 20, 2014); (b) around April 20, 2014; (c) around May 20, 2014; and (d) around June 20, 2014; and (e) received unemployment benefits of KRW 30,00,960 from July 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of statutes to conduct surveys on the illegal receipt of and demand for unemployment benefits, to check out illegal receipt of and demand for unemployment benefits, to check and report on illegal receipt;

1. Article 116 (2) of the relevant Act concerning facts constituting a crime and Article 116 (2) of the Insurance Act concerning the selective employment of a punishment;

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;