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(영문) 전주지방법원 2017.01.13 2016노1522

고용보험법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one million won in penalty) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime and reflects the mistake; (b) there was no record of criminal punishment for the same kind of crime before; and (c) the Defendant voluntarily reported the details of illegal supply and demand to the Regional Labor Agency and returned the illegally received unemployment benefits.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant, in collusion with the owner of the automobile industry, received unemployment benefits equivalent to KRW 60 million in total on seven occasions, and that the crime of this case is not less severe than a summary order in consideration of the defendant's circumstances, and that the court below has already imposed a fine more reduced than a summary order, and that the crime of violation of the Employment Insurance Act requires strict punishment in terms of impairing the soundness of the employment insurance business and causing the national financial soundness.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.