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(영문) 춘천지방법원 2017.12.12 2017고정432

고용보험법위반등

Text

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

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

Reasons

Punishment of the crime

The Defendant and C filed a false daily report as if they worked in D Co., Ltd. operated by C, and intended to receive unemployment benefits.

Accordingly, on February 3, 2016, the Defendant received an application for recognition of eligibility for unemployment benefits and received recognition of eligibility for benefits, to the effect that “The Defendant served in the Gangseo-gu branch office of the Gangwon-gu Office of Employment and Labor in the Chuncheon City on February 3, 2016 and retired from the post on December 31, 2015.”

However, as above, the Defendant did not have worked in D Co., Ltd. at all, and only reported the Defendant’s daily work in order to process C’s personnel expenses.

After recognition of eligibility for benefits as above, on February 17, 2016, Defendant filed an application for unemployment benefits with the Gangwon-gu branch office of the above Jung-gu Local Labor Office, and received KRW 321,40 on the same day as the unemployment benefits, from the Victim Employment Insurance Corporation, KRW 321,40 on March 16, 2016; KRW 1,124,920 on April 16, 2016; KRW 843,690 on April 6, 2016; KRW 3,615,810 on a total of four occasions, including KRW 1,325,80 on May 9, 2016.

As a result, the defendant and C were provided with unemployment benefits in collusion with the victim by deceiving the victim and at the same time by false or fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes to eligibility applications and unemployment recognition applications;

1. Relevant Article 116 (2) of the Act on the Insurance Contract for Criminal Facts, Article 116 (2) of the Act on the elective Employment of Punishment (which has received false unemployment benefits), Article 347 (1) of the Criminal Act, and selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is the confession of the crime in this case, and the defendant is repented.