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(영문) 대구지방법원김천지원 2020.09.09 2020고정228

고용보험법위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, on December 8, 2019, retired from office at B Co., Ltd. and applied for the eligibility for benefits by visiting the former Employment Center on January 3, 2020. From January 10, 2020 to March 13, 2020, the Defendant received total of KRW 3,847,680 for unemployment benefits of 64 days.

No person shall receive unemployment benefits, childcare leave benefits, and leave benefits before and after childbirth by fraud or other improper means, and where an eligible recipient provides labor or starts up a business during the period for which he/she intends to obtain recognition of unemployment, he/she shall report such fact to the Employment Center.

Nevertheless, on February 5, 2020, the Defendant did not report the fact that he was employed as an employee in the production service, but submitted an application for unemployment recognition with false statements twice in total on March 13, 2020, and received unemployment benefits amounting to KRW 2,284,560, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Overlapping benefits, mutual benefits, and mutual benefits benefits;

1. A written answer by the business owner and a labor contract;

1. Application of Acts and subordinate statutes to reports on illegal receipt and demand of unemployment benefits;

1. Relevant Article 116 (2) of the Employment Insurance Act for facts constituting an offense and Article 116 (2) of the Employment Insurance Act for the selection of a sentence;

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

1. The punishment is determined as ordered in light of the following: (a) although the criminal liability for the crime of this case, which unlawfully received unemployment benefits on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, is not less vulnerable; (b) the defendant recognized the crime; (c) paid both the amount equivalent to unemployment benefits illegally received and the amount additionally collected; and (d) the defendant has no criminal record and no record of criminal punishment exceeding the fine.