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(영문) 서울중앙지방법원 2014.10.29 2014고정4552

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

No person may receive unemployment benefits by fraud or other improper means.

The defendant is not eligible to be insured by employment insurance since he did not have been actually engaged in a beneficial construction as a stock company and Samchina Co., Ltd.

Nevertheless, on January 10, 2013, the Defendant received unemployment benefits of KRW 3,350,530,000 in total on four occasions, as shown in the annexed Table of Crimes, by unlawful means, such as submitting an application for recognition of employment insurance revenue, which states the reason for withdrawal as “the completion of construction” as “the completion of construction.”

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement concerning B;

1. A copy of each fact confirmation of C and D;

1. A report on the result of planning and investigating the illegal receipt of public offering; a report on the result of investigating the illegal receipt of benefits by individuals; an inquiry into the details of benefits by individuals; an inquiry into the date of application for eligibility for benefits; an inquiry into personal history; a detailed inquiry into workplace;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 116 (2) of the Employment Insurance Act (Selection of Fines) of the relevant Act on criminal facts;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.