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(영문) 부산지방법원 2021.01.15 2020고정1267

고용보험법위반

Text

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

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

Reasons

Punishment of the crime

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

Nevertheless, the defendant was actually managed by the business owner.

On April 3, 2019, in the absence of the fact that he/she had worked as a worker in B, he/she was present at the Busan Employment Center on April 3, 2019 and submitted a false application for recognition of eligibility to be retired from office with recommendation. On April 17, 2019, he/she denied the unemployment benefits of KRW 3,456,90 on four occasions, such as applying for unemployment benefits and receiving KRW 300,600 on April 17, 2019.

Summary of Evidence

1. Application of Acts and subordinate statutes to investigation reports on fraudulent supply and demand of unemployment benefits (including attached documents) by the accused;

1. Article 116 of the relevant Act concerning facts constituting an offense and Article 116 (2) 2 of the Insurance Act concerning the selective employment of a punishment (excluding punishment);

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;