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(영문) 서울남부지방법원 2020.05.04 2020고정491

고용보험법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a daily worker who resides in Dongjak-gu Seoul Metropolitan Government B and C and works at a construction site in the vicinity of Seoul Metropolitan Government.

No person shall receive unemployment benefits, childcare-related temporary retirement benefits, maternity or paternity leave benefits, etc. by fraud or other improper means.

Nevertheless, the Defendant filed a false report with the Seoul Multimedia Employment Center on December 11, 2017 and received total amount of KRW 139,740 for unemployment benefits on December 7, 2017, even though he/she had worked for a total of three days, including D/E site and F site on May 1, 2018, and on May 25, 2018. < Amended by Act No. 15293, Dec. 11, 2017; Act No. 13940, Jun. 1, 2018; Act No. 13940, Jun. 1, 2018>

Summary of Evidence

1. Defendant's legal statement;

1. Application for unemployment recognition, investigation of illegal supply and demand, and application of statutes for report;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The fact that the nature of the crime is not good in light of the background, method, and content of the instant crime; circumstances favorable to the failure to return the illegally received amount: one’s mistake is against himself/herself; the fact that there is no criminal record of the same kind of crime; as above, the defendant’s minor circumstances, such as the defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and all the sentencing conditions indicated in the arguments and records, such as the circumstances after the