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(영문) 인천지방법원 2019.06.14 2019고정1045

고용보험법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is working from April 3, 2017 to November 15, 2017 from the “Cdab” located in the Nam-gu Incheon Metropolitan City, Nam-gu B.

A person who retires from office due to the need for business management and received unemployment benefits from December 11, 2017 to March 10, 2018.

No person shall receive unemployment benefits, childcare leave benefits, maternity or paternity leave benefits, etc. by fraud or other improper means.

Nevertheless, on December 1, 2017, the Defendant, despite being employed in the “Ecafeteria” located in the Nam-gu Incheon Metropolitan City, was concealed and falsely submitted an application for recognition of eligibility to receive benefits to the Incheon Employment Center of the Central Local Employment and Labor Agency on December 4, 2017, and submitted an application for recognition of eligibility to receive benefits four times in total from December 11, 2017 to March 10, 2018, the attached list of crimes in the attached Table of the daily bill of indictment to be written in the attached list of crimes (hereinafter referred to as “Ecafeteria”), “the date of payment of unemployment benefits is December 18, 2017,” “15, 2018.” However, according to the evidence duly adopted by the court, the Defendant is merely an “Defendant’s right of defense,” and thus, the Defendant’s each date of payment is not deemed to be in accordance with the order of the date of payment of unemployment benefits in the attached list of crimes.”

The unemployment benefits for 90 days were illegally received 4,192,550 won.

Summary of Evidence

1. Defendant's legal statement;

1. A written answer by the business owner;

1. Eligibility for benefits and applications for unemployment recognition;

1. To inquire about the details of benefits for individuals and to apply Acts and subordinate statutes on transactions of passbooks;

1. Relevant Article 116 (2) of the Employment Insurance Act for facts constituting an offense and Article 116 (2) of the Employment Insurance Act for the selection of a sentence;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order (unjustifiable circumstances) causes the waste of the Employment Insurance Fund to be used for the stabilization of workers’ livelihood and job-seeking activities.