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(영문) 인천지방법원 2019.07.26 2019고단3484

고용보험법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall receive unemployment benefits, childcare leave benefits, maternity or paternity leave benefits, etc. by fraud or other improper means, and an eligible recipient shall, when he/she provides labor or starts up a business during the period for which he/she intends to obtain recognition of unemployment, report such fact to

Nevertheless, even though the Defendant was employed from May 23, 2018 in Seo-gu Incheon, and worked for business use in B, the Defendant received the total amount of 10,626,290 won for 196 days' job-seeking benefits through eight times in total, as shown in the attached crime list, without reporting the fact to the Incheon Seo-gu Employment and Labor Office of Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the details of benefits paid to each individual, inquiry into personal history, inquiry into the details of benefits, inquiry into the workplace, and application of statutes on personal financial transactions;

1. Relevant Article 116 (2) of the Employment Insurance Act and Article 116 (2) of the Employment Insurance Act for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that job-seeking benefits that the defendant illegally received exceeds KRW 10 million, but the crime is heavy since no return is made at all.

However, there is no history of criminal punishment prior to the instant case, which led to the confession of a crime and reflects the mistake.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.