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(영문) 대구지방법원 2013.07.12 2013고단2844

고용보험법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant served as the head of the insurance design team at D Co., Ltd. affiliated with the 10th floor in Daegu-gu, Daegu-gu, from January 15, 2010 to December 31, 2010.

Job-seeking benefits, which are unemployment benefits, shall be applied for the payment of unemployment benefits when they are in a state of being unemployed despite their intent and ability to work, and an eligible recipient of job-seeking benefits shall report the fact to the Administrator of the Daegu Regional Employment and Labor Agency when he/she provides his/her labor during the period for which he/she wishes to obtain unemployment recognition (period subject to unemployment recognition),

Nevertheless, on February 16, 2010, the Defendant filed an application for job-seeking benefits with the Daegu Regional Employment and Labor Agency for job-seeking benefits, and filed an application for recognition of eligibility for job-seeking benefits. On March 2, 2010, the Defendant submitted an application for unemployment recognition with the period from February 23, 2010 to March 2, 2010, for which job-seeking benefits were paid KRW 320,000 without reporting the provision of labor with D Co., Ltd.

In addition, the Defendant received the total amount of KRW 9,600,000,000, which is unemployment benefits, from that time to October 20, 2010, through the aforementioned unlawful means, from that time, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of dues, the statement of illegal receipt and return, the statement of personal benefits, the investigation into and report on the fact of illegal receipt and payment, the certificate of dismissal, the list of income by each income earner, the information inquiry on overlapping industrial accident insurance (special employment), and the output of the personal duplicate beneficiary verification;

1. Application of Acts and subordinate statutes on investigation reports (verification of refunded amount);

1. Article 116 (2) of the Employment Insurance Act for the facts constituting an offense, and Article 116 of the same Act for the selection of punishment;

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

1. Article 62(1) of the Criminal Act recognizes the Defendant’s error, and pays part of the unemployment benefits illegally received, and the remaining amount.