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(영문) 부산지방법원 동부지원 2015.12.21 2015고정1375

고용보험법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

As the Defendant became the unemployed on January 31, 2014, the Defendant applied for unemployment benefits to the Employment Center of the Busan East-dong, Suwon-ro 676 (Yandong-dong) Busan-dong, and received unemployment benefits from February 11, 2014. On April 17, 2014, the Defendant was employed to the C gas station located in Busan-gu, Busan-do.

Nevertheless, the Defendant, as if he was unemployed, did not notify the employment to the above employment center as if he was still unemployed, received unemployment benefits of the total of KRW 3,226,020 ( KRW 1,050,330 on May 13, 2014; KRW 1,050,330 on June 10, 2014; KRW 1,125,360 on July 1, 2014; and KRW 2,475,790 on July 1, 2014).

Accordingly, the Defendant received unemployment benefits by fraud or other improper means.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Application of Acts and subordinate statutes to the statement of suspect interrogation protocol prepared by the police;

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;