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(영문) 창원지방법원진주지원 2020.10.13 2020고단1083

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, even though not having provided labor from April 2019 to November 201, 2019, had the Defendant registered and reported on the list of labor personnel in the company C, with the intent to have the said company receive unemployment benefits unlawfully.

On January 17, 2020, the Defendant informed the above B of the method of filing an application for unemployment benefits, and the above B applied for unemployment benefits at the Jinju Employment Center located in Jinyang-si, Jinyang-si, Jinyang-si, 563 around January 17, 2020, and applied for unemployment benefits from February 14, 2020 to receive 2,838,000 won for unemployment benefits twice from the Korea Labor Welfare Corporation.

Accordingly, the Defendant conspired with B to receive unemployment benefits in a false manner.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. A report on internal investigation:

1. The application of the Acts and subordinate statutes of the individual benefits detailed inquiry, overlapping information inquiry, history inquiry, details of daily work reports, and application of the Acts and subordinate statutes of the Tax Tribunal to the workplace;

1. Relevant Article 116(2) of the Employment Insurance Act, Article 30 of the Criminal Act, and the selection of fines for criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) is that the defendant in collusion with B, who is the defendant's wife, caused B to illegally receive unemployment benefits, and the criminal liability is not weak.

However, in full view of the fact that the defendant has mistakenly recognized the defendant, the amount equivalent to the illegally received unemployment benefits and the amount additionally collected, the defendant has no record of punishment, and all of the sentencing conditions, such as the defendant's age, character and conduct, environment, motive of the crime, circumstances after the crime, etc., as shown in the records and arguments of this case, shall be determined as