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(영문) 서울동부지방법원 2016.08.23 2016고정1207

고용보험법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall receive unemployment benefits, leave of absence for childcare, leave of absence before and after childbirth, etc. by fraud or other improper means.

Nevertheless, from March 23, 2015 to August 19, 2015, the Defendant was receiving unemployment benefits from the Seoul Eastern Branch Office of the Seoul Regional Labor Office. Since he/she was employed from April 7, 2015 to the C son of the subordinate branch office of the Seoul Regional Labor Office, he/she was unaware of the fact that he/she could not receive unemployment benefits during his/her employment period, and received the amount of unemployment benefits of 131 days every five times between April 23, 2015 and August 19, 2015, by pretending that he/she could not receive unemployment benefits during his/her employment period.

As a result, the Defendant received unemployment benefits by fraud or other improper means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes, such as an accusation, a statement of liquidity transactions, a written investigation, and a detailed inquiry into the workplace of employment insurance;

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