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(영문) 서울북부지방법원 2014.04.30 2014고정912

고용보험법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

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

On January 8, 2010, the Defendant filed an application for unemployment benefits with the Seoul Regional Employment Agency located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, 450 stating that the Defendant did not work for at least 180 days, which is a wage payment requirement at the State B (State). However, the Defendant filed an application for unemployment benefits with the employment insurance contractor form stating that the workplace is “B” and “B” during the benefit period as “from January 25, 2010 to April 24, 2010.” On the same place on January 3, 2012, the Defendant filed an application for unemployment benefits with the employment insurance contractor form as “B” and “B” during the benefit period as “from January 10 to April 8, 2012,” and the contractor’s application form as “B”, “from January 26, 2012 to April 26, 2012,” stating the amount of unemployment benefits as “B” and “31,013.13”

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to a report on findings of illegal receipt of unemployment benefits;

1. Relevant provisions of the Employment Insurance Act concerning facts constituting an offense, and Article 116 (2) of the Employment Insurance Act which selects a penalty;

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

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

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