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(영문) 서울북부지방법원 2016.09.28 2016고정1900

고용보험법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who retired from office around August 28, 2013 while working in a new comprehensive management company and received unemployment benefits from the head of Seoul Regional Employment and Labor Agency from around that time.

around December 10, 2013, the Defendant: (a) at the Employment Center of Nowon-gu, Seoul, Nowon-gu, Seoul, and (b) the Defendant re-employed on December 1, 2013 and failed to meet the requirements for receiving job-seeking benefits; (c) however, as if the Defendant still was in a position of being employed, the Defendant was paid KRW 979,700 as job-seeking benefits around December 11, 2013; and (d) around that time, the Defendant received job-seeking benefits of KRW 3,009,300 by the same method three times in total, such as the list of crimes, as shown in the attached list of crimes.

As a result, the Defendant received false unemployment benefits on three occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes to data on the supply of unemployment benefits and copies of company career data;

1. Relevant legal provisions and Article 116(2) of the former Employment Insurance Act (amended by Act No. 13041, Jan. 20, 2015; hereinafter collectively referred to as “former Employment Insurance Act”) regarding criminal facts

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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