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(영문) 서울북부지방법원 2017.12.01 2017고정1929

고용보험법위반

Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A from around 2006 to January 16, 2017, from ‘D' restaurant in Dongdaemun-gu Seoul Metropolitan Government as an employee, and Defendant B is the operator of the above restaurant.

1. On October 25, 2016, Defendant A continued to work in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, 450, while Defendant A continued to work in Nowon-gu, Seoul, the fact was “D,” and thus failing to meet the requirements for receiving unemployment benefits, Defendant A received benefits by means of fraud as if the Defendant was in a situation where he/she was unable to work after withdrawal from the above restaurant on August 30, 2016, and by means of a totaling KRW 347,320 on November 347, 2016; KRW 1,215,640 on December 7, 2016; KRW 41,215,640 on January 4, 2017; KRW 1,215,640 on February 1, 2017; KRW 215,640 on March 21, 2017; KRW 808,500.

2. As described in paragraph (1), Defendant B received unemployment benefits by unlawful means as seen above with respect to Defendant A’s duties, who is an employee of the Defendant.

Summary of Evidence

1. Defendants’ legal statement

1. Application of statutes to a copy of computerized data on supply and demand of unemployment benefits;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 116(2) of the Insurance Act (Selection of a punishment penalty);

(b) Defendant B: Articles 117 and 116(2) of the Insurance Act (excluding punishment)

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act