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(영문) 서울남부지방법원 2017.08.10 2017고단2787

고용보험법위반등

Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. Defendant B, a wholesale company for medical supplies in the Yeongdeungpo-gu Seoul Metropolitan Government Group C1, is “D company” and Defendant A, who was a high school ward E (Suspension of Prosecution on the same day) and former business partner, did not receive health insurance benefits due to the lack of occupation. Upon receiving a request from D company’s employee, Defendant B reported as if he had worked in D company, and reported as if he had been employed in the D company. To this end, Defendant B filed a false report with the Seoul Gwanak-gu Employment Center as if he retired due to E and Defendant A’s corporate circumstances.

2. Criminal facts;

A. Defendant B filed a false report as if the place of business of the same D company as described in the preceding paragraph had A and E were employed for not less than 18 months at D companies. On February 5, 2015, the Defendant had A apply for job seeking benefits as if the details of labor reported falsely were genuine, and received 6,026,370 won on six occasions from February 27, 2015 to July 14, 2015. E had E applied for job seeking benefits on December 13, 2016, as if the details of labor reported falsely to the said Employment Center were genuine. < Amended by Act No. 1447, Jan. 347, 2017>

Accordingly, in collusion with A and E, the Defendant: (a) by deceiving a person in charge of the employment center in Seoul Gwanak-gu; and (b) received 6,373,690 won from the person in charge; and (c) at the same time, received unemployment benefits equivalent to the same amount by fraud or other improper means.

B. On February 5, 2015, Defendant A retired and applied for job-seeking benefits as if he/she was qualified to receive job-seeking benefits and transferred KRW 6,026,370 over six times from February 27, 2015 to July 14, 2015, based on the fact that Defendant A filed a false report with the Seoul Gwanak Employment Center as described in the preceding paragraph.

Accordingly, the Defendant conspireds with B, as above.