고용보험법위반
Defendants shall be punished by imprisonment for four months.
However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.
Punishment of the crime
Defendants are married with each other, and Defendant B is a person who actually operates “D” in the period of harmony.
No person shall receive unemployment benefits, child care leave benefits, maternity or paternity leave benefits, etc. by fraud or other improper means.
Although Defendant B conspired to act as an employee of the above “D”, the Defendants filed a false report on the insured status of the employment insurance as if Defendant A entered “D” on November 3, 2014 with the intent to unlawfully receive childcare leave benefits and maternity leave benefits, and filed a false report on the insured status report with the intent of Defendant A to falsely receive childcare leave benefits and maternity leave benefits. The Defendants submitted a false confirmation of childcare leave benefits and a false maternity leave certificate to the Ansan Employment Welfare Plus Center located in Ansan-gu in Ansan-si in Ansan-si, Ansan-si, and Defendant A received KRW 22,425,00 in total from January 27, 2016 to April 10, 2018 by submitting an application for false childcare leave benefits and an application for maternity leave benefits to the above Center.
Summary of Evidence
1. Defendants’ respective legal statements
1. Part of the protocol concerning the interrogation of suspect against the Defendants
1. The history inquiry (A), the details of the payment of childcare leave benefits (A), and the list of persons acquiring from each place of business (D) [In full view of the following circumstances recognized by the above evidence, it is difficult to see Defendant A as an employee, and the Defendants conspired to receive childcare leave benefits and maternity leave benefits in collusion. ① The rules of employment exist in D, and the personnel is a workplace operated under the Labor Standards Act. The office employees have worked five days a week from 8:30 p.m. to 5:30 p.m. on the ordinary day, and are paid overtime allowances, and are under the management of Defendant B, the actual employer.
On the contrary, the defendant A is the business owner.