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(영문) 창원지방법원 진주지원 2020.05.13 2019고단1444

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

The Defendant may take one semester in 2018 (from February 26 to June 18) and two semesters from August 27, 2018 to B University.

9. up to June, 9. He was commissioned as a part-time lecturer and was not unemployed.

Nevertheless, on May 1, 2018, an application for recognition of eligibility for benefits, stating that the applicant was not employed on six occasions, submitted a false application for recognition of eligibility for benefits and received job-seeking benefits amounting to KRW 8,023,920 from May 8, 2018 to October 2, 2019, by false or unjust means.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. A protocol of partial police interrogation of the accused;

1. A written confirmation, each written answer;

1. The insured history inquiry, the details of reports by the insured, the individual benefit details, the individual benefit details, the application form for recognition of eligibility, and the application form for recognition of unemployment [the defendant and the defense counsel knew that the defendant works as a part-time lecturer, but the person in charge applied for unemployment benefits at the end of the person in charge on the ground that he/she could receive unemployment benefits, and thus did not receive unemployment benefits by fraudulent or unlawful means. However, according to each of the above evidence, the defendant cannot be deemed to have known that he/she works as a part-time lecturer. Further, the defendant submitted the application form for recognition of eligibility or the application form for recognition of unemployment indicating that he/she did not have worked as a part-time lecturer, which states that he/she did not have worked as a part

1. Relevant Article 116 (2) of the Employment Insurance Act and Article 116 (2) of the Act on the Selection of Punishment for Criminal Facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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