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(영문) 서울서부지방법원 2016.11.11 2016고정1048

고용보험법위반

Text

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

2. The Defendants did not pay the above fine.

Reasons

Punishment of the crime

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

1. Defendant A received KRW 1,607,030 as unemployment benefits from the time when he/she was re-employed in the above company on January 18, 2016, and received unemployment benefits from the Sungsung Mineral Industry Co., Ltd., Ltd., which is located in Eunpyeong-gu Seoul, 35, on November 16, 2015. The Defendant received KRW 1,607,030 as unemployment benefits from that time until February 26, 2016.

2. After having been on November 16, 2015 at the company listed in paragraph (1), Defendant B received KRW 1,727,560 as unemployment benefits from that time until February 26, 2016, when he applied for unemployment benefits at the Seoul Western Employment Center on the 20th day of the same month.

Summary of Evidence

1. Defendants’ respective legal statements

1. Results of a wage transfer, inquiry into results of a wage transfer, and the ledger of benefits;

1. Application of the Acts and subordinate statutes to request cooperation in investigation (request for confirmation of details of unemployment benefits supply and demand);

1. Relevant Articles of the Employment Insurance Act and the Defendants who choose the punishment for the crime: Article 116 (2) of the Employment Insurance Act (generally, referring to the choice of fines);

2. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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