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(영문) 수원지방법원 안양지원 2017.01.12 2016고정805

고용보험법위반등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 27, 2013, the Defendant received an application for recognition of eligibility for unemployment benefits to the effect that “the Defendant was unable to find a job after his/her retirement,” and received a request for recognition of eligibility for unemployment benefits, to the effect that “the Defendant was unable to find a job after his/her retirement,” from an employee who works in the Gyeyang Employment Center at the 303 Annyang Employment Center located inside the Mayang-gu, Ansan-si.”

However, as seen above, the Defendant established and operated the advertising materials manufacturing company under the Defendant’s wife D in the Gu from January 7, 2014 after retirement from the Defendant Company “B” to the Defendant’s wife D.

Around January 10, 2014 after obtaining eligibility for benefits as above, Defendant applied for unemployment benefits to the above Ansan Employment Center and received total of KRW 7,200,000 from the Employment Insurance Corporation as unemployment benefits on January 13, 2014 as stated in the attached crime list, such as receiving KRW 320,000 from the damaged person as unemployment benefits.

Accordingly, the defendant was paid unemployment benefits by deceiving the victim and receiving property, and at the same time by false or fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Responses to a request for cooperation in investigation (27 pages of evidence records);

1. Data concerning payment of unemployment benefits;

1. A written inquiry into jobs (15 pages of evidence records);

1. Application of Acts and subordinate statutes to business operators inquiry;

1. Article 116(2) of the former Employment Insurance Act (amended by Act No. 13041, Jan. 20, 2015); Article 347(1) of the Criminal Act (amended by Act No. 1304, Jan. 20, 201) on criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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