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(영문) 광주지방법원 2017.09.07 2017고정223

고용보험법위반

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Criminal facts

On June 14, 2015, the Defendant prepared and submitted an application for eligibility for employment insurance benefits to the effect that “The Defendant would pay unemployment benefits by terminating the retirement age due to the extension of retirement age” at the Employment Support Center of the Gwangju Regional Labor Agency.

However, in fact, the Defendant retired from office in the state of no intention to be re-employed due to old age or disease (urology) after retirement age, and did not meet the unemployment benefit requirement because the Defendant did not constitute retirement due to retirement age.

As such, the Defendant received the unemployment benefits of KRW 8,880,290 from the Gwangju Regional Labor Agency from July 9, 2015 to January 27, 2016 by false or other unlawful means.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against D;

1. To report overlapped investigations and to apply the statutes governing the current status of unemployment benefits;

1. Article 116 (2) of the relevant Act on the crime, Article 116 of the Insurance Act on the elective Employment of Punishment, Article 70 (1) and Article 69 (2) of the Criminal Act on the attraction of selective workhouses of fines;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;