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(영문) 의정부지방법원 고양지원 2015.04.17 2015고정58

고용보험법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

B, even if he is employed, he is unable to buy four types of insurance, such as employment insurance, in his name, and was employed in the name of Defendant A from January 11, 201 to July 31, 201 in Sacheon City Co., Ltd. D, which is in Sacheon City from January 11, 201.

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

Nevertheless, Defendant A conspired to receive unemployment benefits from the Ministry of Employment and Labor, pretended as Defendant A was retired while serving in the above company.

B and Defendant A: (a) around August 9, 201, at the Hayang Employment Center located in the Dongdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, and (b) from January 11, 201 to July 31, 201, Defendant A had not been employed in the above company as above; (b) despite the absence of the fact that Defendant A was employed in the above company, B reported the loss of insured status in the fourth period; (c) obtained a certificate of severance from the above company; and (d) Defendant A prepared an application for unemployment benefits on the basis thereof and submitted it to the Hayang Employment Center, thereby KRW 320,000,000 from the Ministry of Employment and Labor of the victim;

9. 120,00 won, 1120,000 won, 1120,000 won, 11.15, 11.120,000 won, and 11.20,000 won received on December 13, 190, and received 4.8 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect B prepared by the police;

1. Application of Acts and subordinate statutes to fact-finding investigations and reports on unemployment benefits;

1. Relevant Article of the Act on Criminal Crimes and Article 116 (2) of the former Employment Insurance Act (Amended by Act No. 13041, Jan. 20, 2015); Article 30 of the Criminal Act

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

1. The defendant of reasons for sentencing under Article 334(1) of the Criminal Procedure Act requires B to take advantage of unemployment benefits, etc. in his/her service in the name of the defendant.