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(영문) 대구지방법원 2017.12.13 2017고정1883
고용보험법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall receive unemployment benefits by fraud or other improper means.

On November 26, 2014, the Defendant applied for unemployment benefits to the Daegu Regional Labor Agency, and received unemployment benefits from December 3, 2014 to March 2, 2015, which was paid by the Ministry of Labor from December 10, 2014.

The Defendant received unemployment benefits of total 412,632 won (37,512 won per day of job-seeking benefits x 11 days per day) without reporting such fact to the Ministry of Labor or its affiliated agencies, even though he/she worked in the Daegu-gu Dong-dong, Daegu-gu, Daegu-gu, for 11 days from December 2014 during the unemployment benefit period to February 4, 2015.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Data verifying the computer system of workers employed by the National Tax Service, resume of verification of unemployment, application for verification of unemployment, verification of wage payment, statement of remittance, and statement of expenditure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 116 (2) of the relevant Act concerning facts constituting a crime and Article 116 (2) of the Insurance Act concerning the selective employment of a punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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