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(영문) 서울북부지방법원 2020.10.22 2020고정1115

고용보험법위반

Text

Defendant shall be punished by a fine of KRW 80,000.

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

Reasons

Punishment of the crime

The Defendant, on July 31, 2019, retired from the office of recommendation from Company B, a person who received unemployment benefits of KRW 5,410,800 on a total of four occasions from September 16, 2019 to December 14, 2019.

No person shall receive unemployment benefits, childcare leave benefits, or leave benefits before and after childbirth by fraud or other improper means, and an eligible recipient shall, when he/she provides labor or starts up a business during the period in which he/she wishes to obtain recognition of unemployment, report such fact to the head of

Nevertheless, even though the Defendant re-employed a stock company B located in Seo-gu, Seo-gu, Seo-gu, Busan, and the third floor from October 22, 2019, the Defendant received a total of 3,246,480 won of unemployment benefits on November 18, 2019 and December 16, 2019 by falsely applying for unemployment recognition to the Seoul Northern Employment Center, such as falsely applying for unemployment recognition.

Summary of Evidence

1. Defendant's legal statement;

1. Written opinion;

1. The report of unlawful acts;

1. Application of Acts and subordinate statutes on the transfer of benefits;

1. Relevant Article of the Act on Criminal Crimes and Article 116(2) of the former Employment Insurance Act (amended by Act No. 1657, Aug. 27, 2019);

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

1. In light of the fact that the defendant's reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are against the defendant, and that both illegal receipt money and additional dues are paid, a fine prescribed by the summary order shall be reduced to a certain extent.