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(영문) 서울북부지방법원 2019.07.19 2019고정806
고용보험법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The Defendant applied for eligibility for unemployment benefits on April 4, 2017 and received unemployment benefits during the period from April 11, 207 to October 7, 2017.

No person shall receive unemployment benefits, childcare benefits, and leave benefits before and after childbirth by fraud or other improper means, and when an eligible recipient of unemployment benefits provides labor or starts up a business during the period for which he/she wishes to obtain unemployment recognition, he/she shall report such fact to the head of an employment

Nevertheless, since May 25, 2017, the Defendant was employed in Ccafeteria located in Dobong-gu Seoul Metropolitan Government, but filed a false application for unemployment recognition with the Seoul Northern Employment Center for unemployment recognition and received unemployment benefits totaling KRW 6,335,410.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written statement prepared in the D (investigative records No. 12 pages);

1. A letter of business trip;

1. An investigation report (to hear a statement made by the Ccafeteria representative D);

1. A notice of decision on restrictions on the payment of unemployment benefits, return order, and additional collection;

1. Data related to employment insurance, including unemployment benefits;

1. Application of Acts and subordinate statutes on the details of benefits payment;

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;

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