beta
(영문) 창원지방법원 2020.12.17 2020고정671

고용보험법위반

Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

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

Reasons

Punishment of the crime

On November 16, 2019, the Defendant applied for the recognition of eligibility for benefits at the Msan Employment Center on November 21, 2019, after leaving his office due to the reduction of the number of employees from the M&C to the M&C operating taxi transport business in Seongbuk-gu, Busan Special Metropolitan City.

No one shall receive unemployment benefits by fraud or other improper means, and an eligible beneficiary who provides labor or starts up a business during a period subject to verification of unemployment shall report such fact to the employment center.

Nevertheless, the Defendant received unemployment benefits9,438,840 won from January 14, 2020 to March 18, 2020, for 157 days in all six times from January 3, 2020 to June 18, 2020 without filing a report on the unemployment recognition.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statement of improper conduct, photographs, inquiries, applications, confirmations, investigation reports;

1. Relevant Article 116 (2) of the Employment Insurance Act and Article 116 (2) of the Act on the Selection of Fines for Criminal Facts (the act of false receipt, imprisonment with labor for not more than three years, or a fine not exceeding 30 million

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.