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(영문) 의정부지방법원 2020.07.23 2020고정867

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

On July 5, 2019, the Defendant was transferred to an area where it is impossible to go through, and withdrawn from, Company B. On August 20, 2019, the Defendant applied for eligibility for unemployment benefits to the Guri Employment Center on August 20, 2019 and received unemployment benefits from August 27, 2019 to November 24, 2019.

No person shall receive unemployment benefits, child-care leave benefits, maternity leave benefits, etc. by fraud or other improper means, and an eligible recipient shall, when he/she provides labor or starts up a business during the period for which he/she intends to obtain recognition of unemployment, report such fact to

Nevertheless, from July 30, 2019 to July 30, 2019, the Defendant submitted a false application for recognition of eligibility to receive unemployment benefits with the current status of employment “unemployment” and received unemployment benefits totaling KRW 5,410,80,000 as stated in the attached list of crimes by submitting a false application for recognition of eligibility to receive unemployment benefits for a total of four times.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of business places of D;

1. Telephone name statement;

1. Personal history inquiry, inquiry into the details of personal benefits, inquiry into the details of ledgers, inquiry into the application for recognition of eligibility for benefits, and inquiry into the statutes governing workplace taxes on employment insurance;

1. The pertinent Article of the Criminal Act and the Employment Insurance Act amended by Act No. 16557 on August 27, 2019 for the selection of punishment for the crime have not yet been enforced.

§ 116(2)(general). Selection of fines

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) recognizes all the facts charged in the instant case, and reflects the Defendant’s mistake in depth, and the Defendant seems to support the her father and the her mother as a substantial most and to have very difficult economic situation. The Defendant is liable to pay KRW 10,821,600 equivalent to twice the amount of unemployment benefits illegally received. The foregoing money is divided.