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(영문) 대구지방법원 2013.07.03 2013고정1354

고용보험법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 9, 2008, the Defendant filed an application for recognition of eligibility for job-seeking benefits with the Daegu Regional Employment and Labor Office.

An eligible recipient shall, when he/she provides labor or starts up a business during the period for which he/she intends to obtain unemployment recognition, report such fact to the head of an employment security office and shall not receive unemployment benefits by fraud or other improper means.

From December 1, 2008, the Defendant received 434,300 won of unemployment benefits, which were unemployment benefits, by filing an application for unemployment recognition, for the period subject to unemployment recognition from November 26, 2008 to December 16, 2008, without reporting the fact that he/she was commissioned as B branch insurance solicitors of a New York Life Insurance Co., Ltd., and received 1,300 won of unemployment benefits, by filing an application for unemployment recognition from November 26, 2008 to December 16, 2008, and by filing an application for unemployment recognition from January 13, 2009 to January 13, 2009, for the period subject to unemployment recognition from December 17, 2008 to January 13, 2009.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative into the particulars of individual benefits;

1. Investigation into and reporting on the fact of illegal receipt;

1. The certificate of dismissal;

1. Application of Acts and subordinate statutes governing business income certificates;

1. Relevant Article of the Act on Criminal Crimes and Article 116 (2) of the former Employment Insurance Act (amended by Act No. 11274, Feb. 1, 2012);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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