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(영문) 춘천지방법원 강릉지원 2019.06.21 2019고단364

고용보험법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall receive unemployment benefits, etc. by fraud or other improper means.

The Defendant is working from June 2, 2017 to December 31, 2017 in the Dong Sea “C” located in the Dong Sea.

The retirement benefits were received from May 31, 2018 to October 25, 2018 after filing an application for unemployment benefits with the Taecheon District Employment and Labor Office. < Amended by Act No. 1574, May 31, 2018; Act No. 15098, Oct. 25, 2018>

On May 24, 2018, the Defendant applied for unemployment benefits as above, and received unemployment benefits as seen above, by focusing on the “whether or not there exists the current business registration certificate or self-business (including an insurance solicitor, debt collector, real estate rental business, multi-level member, etc.)” among the relevant applications.

In the meantime, around June 29, 2018, registered as the multi-level marketing member of the Gangnam-gu Seoul E building and the multi-level marketing company located in the eighth-story, but submitted an application for unemployment recognition to the Taecheon District Employment and Labor Agency in Jung-gu, Seoul and submitted an application for unemployment benefits recognition on July 5, 2018 without stating the above facts, and received unemployment benefits in an unlawful manner and received unemployment benefits of KRW 326,080. From around that time to October 25, 2018, it received unemployment benefits by filing an application for unemployment benefits in an unlawful manner on a total of five occasions, as shown in the separate sheet of crimes, and received total amount of KRW 5,543,480 (amount of illegal receipt).

Summary of Evidence

1. Defendant's legal statement;

1. The report of unlawful acts;

1. Statement of confirmation of fact, such as telephone;

1. Application of Acts and subordinate statutes, such as the details of supply and demand of unemployment benefits, five copies of an application for unemployment recognition, applications for recognition of eligibility, registers of completing a briefing session for unemployment benefits, and details

1. Article 116 (2) of the Employment Insurance Act (Selection of Fines) of the relevant Act on criminal facts;

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