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(영문) 의정부지방법원 2017.12.21 2017고정2398
고용보험법위반
Text

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

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

Reasons

Punishment of the crime

No one shall receive unemployment benefits (job-seeking benefits, unemployment promotion allowances, and early reemployment allowances) by fraud or other improper means.

From September 9, 2015 to December 9, 2015, the Defendant received 110,000 won per day from the cooperation company C in Gosung-gun B to work as an assistant worker in the contact.

Nevertheless, on September 14, 2015, the Defendant denied the Defendant’s job seeking benefits of KRW 258,000 paid for job-seeking activities of the unemployed in the Employment Ministry of Labor by submitting a “application for unemployment recognition” to an employee under the name of the Seoul Gwanak-gu Employment Center, who was aware of the Defendant’s work in the Dispute Resolution.

From around that time to December 9, 2015, the Defendant received a total of KRW 3,870,000 for job-seeking benefits on four occasions, such as the daily list of crimes, from around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative intelligence reports, requests for investigation by persons suspected of fraudulent receipt, issuance of C access certificates, date of return, details of unemployment benefits supply and demand, applications for verification of unemployment, employment insurance coverage, history of subscription to employment insurance, inquiry into job-seeking circumstances, and answers (A);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 116 (2) of the relevant Act concerning criminal facts, Article 116 of the Insurance Act concerning selective employment of sentence, and selection of fines;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant’s acknowledgement of the criminal facts of the instant case and reflects his mistake; (b) appears to have returned all the unlawfully contracted unemployment benefits; and (c) the fact that there is no past record of criminal punishment is recognized as normal conditions favorable to the Defendant.

However, in light of the content and method of the crime, the legislative intent of the Employment Insurance Act, etc., the crime of this case, in which the defendant received a total of 3,870,000 won of unemployment benefits by unlawful means, is not less than that of the crime, and the balance of general punishment in the same and similar cases, and the defendant's age, sex, as shown in the argument of this case.

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