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(영문) 대구지방법원 포항지원 2018.06.27 2017고정523

고용보험법위반

Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

B retired from D Foundation E of Social Welfare Foundation on December 31, 2014, and thereafter, from January 6, 2015 to July 31, 2015, Defendant A, a female student, worked as a cook in G located in Nam-gu, Nam-gu, Seoul, the Republic of Korea, the Republic of Korea, from January 6, 2015 to July 31, 2015.

In addition, Defendant A is the actual business owner of the above G (the head of the facility), and the Defendants are the co-owners.

1. The defendant B shall not receive unemployment benefits by fraud or other improper means;

In addition, when a qualified recipient provides labor during the period in which he/she intends to obtain recognition of unemployment pursuant to Article 47 (1) of the Employment Insurance Act, he/she shall report such fact to the head of the Employment Security Office.

Nevertheless, the Defendant did not report the labor fact of the above G to the head of the Port Office of the Daegu Regional Labor Office, and received unemployment benefits of KRW 6,752,130 during the period from January 12, 2015 to July 10, 2015 by applying for eligibility for unemployment benefits at the Employment Center of the Port Office of the 221 Daegu Regional Labor Office, Jung-gu, Jung-gu, Seoul Regional Labor Office.

Accordingly, the Defendant received unemployment benefits by illegal means.

2. As described in paragraph (1), Defendant A received unemployment benefits as above by Defendant B, who is an employee of the Defendant, in relation to the Defendant’s business.

Summary of Evidence

1. Entry of part of the defendant B in the first trial record;

1. Each legal statement of the witness H, I, J, K, L, M, N, andO;

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Each police statement concerning I, J, K, L, and P;

1. Each statement of M, N, andO;

1. An investigation report (a copy of a log operating a G cafeteria shall be attached to each right);

1. Illegal evidence of supply and demand (work marks, benefit ledgers, logs operating a restaurant, Kakao Stockholm dialogue content), logs operating a restaurant, personal benefits details, inquiries about personal history, and application of statutes on the transactions of entry and departure (data on the provision of unemployment benefits);

1. Defendant B: Article 116(2) of the Insurance Act, Defendant A who choose a fine for a crime;