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(영문) 부산지방법원 2016.11.08 2016고정3295

고용보험법위반등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From June 1, 2009 to November 25, 2014, the Defendant only lent the Defendant’s intellectual engineer’s certificate to the Hando Land Survey Comprehensive Technical Group located in the 125-lane, Busan East-gu, Busan, and the Defendant did not have actually worked for the above company and did not have insured status.

Nevertheless, around November 27, 2014, the Defendant was paid KRW 7,877,470 as unemployment benefits for eight times from December 11 to July 1, 2015, by submitting an employment insurance premium determination by submitting an employment insurance contract with the reason for withdrawal as a false “a land survey comprehensive technical group,” and by submitting an employment insurance contract with the reason for withdrawal as a “management bad faith.”

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to applications for eligibility;

1. Article 116 (2) of the Employment Insurance Act for the crime at issue (the point of illegal receipt of unemployment benefits, etc.) and Article 347 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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;