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(영문) 서울중앙지방법원 2016.12.21 2016고정3553

고용보험법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant received unemployment benefits of KRW 4,138,10 won in total, on or around September 24, 2015, since he/she did not report his/her employment to the Seoul Regional Employment and Labor Agency on September 24, 2015, even though he/she received KRW 2,00,000 for each month after having been employed as an employee by alone at a restaurant located in Seocho-gu Seoul Metropolitan Government around September 24, 2015, on or around September 24, 2015, on or around 682,90 won, on or around October 22, 2015, on or around 1,124,920 won, around November 19, 2015, on or around four occasions, including KRW 1,205,280, around December 21, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Instructions for internal investigation of the persons subject to consultation in regard to the crackdown on unemployment benefits;

1. Application of the statutes on the illegal receipt and demand of unemployment benefits, reporting thereon and collection notice;

1. Relevant Article 116 (2) of the Employment Insurance Act and Article 116 (2) of the Act on the Selection of Punishment for Criminal Facts;

1. Articles 70 (1) 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;