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(영문) 수원지방법원 안양지원 2019.08.09 2019고단1053
고용보험법위반
Text

Defendants shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendants were aware of the Internet club C through “C”, and Defendant B is the representative of Geumcheon-gu Seoul Metropolitan Government D Building and the representative of (State) E.

No person shall receive unemployment benefits, childcare benefits, maternity or paternity leave benefits, etc. by fraud or other improper means.

In collusion with the Defendants, notwithstanding the fact that Defendant A had been employed as an employee of the above F, Defendant B filed a false report on the insured status of the employment insurance as if Defendant A entered F on November 1, 2015 for the purpose of denying the payment of childcare leave benefits and maternity leave benefits, and filed a false report on the insured status of the employment insurance with the intent to make a false payment thereof. Defendant G received KRW 26,240,310 in total from August 18, 2016 to March 11, 2019 by submitting an application for false childcare leave benefits and an application for maternity leave benefits to the said Center by submitting a false application for childcare leave benefits and an application for maternity leave benefits.

Summary of Evidence

1. Defendants’ respective legal statements

1. Report on the offender's domicile;

1. Details of persons suspected of unjust receipt of maternity protection;

1. Details of applications for childcare leave benefits and personal history inquiry;

1. Application of Acts and subordinate statutes governing confirmation of telephone and other facts;

1. The Defendants: Article 116 (2) of the Employment Insurance Act and Article 30 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The crime of taking personal benefits by abusing the reason social security system for sentencing Article 334(1) of the Criminal Procedure Act is not good.

However, the defendants shows the attitude to reflect the mistake.

All illegal money was returned.

It is so ordered in consideration of these circumstances and the criminal records, ages, character and behavior, environment, etc. of the defendants.

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