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(영문) 대구지방법원 2013.05.15 2013고정931
고용보험법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 2, 2010, the Defendant filed an application for job-seeking benefits with the Daegu Regional Employment and Labor Office for job-seeking benefits, and filed an application for recognition of eligibility for job-seeking benefits, and was commissioned as an insurance solicitor of the B insurance company from February 9, 2010.

If an eligible recipient of job-seeking benefits who is unemployment benefits provides labor or starts up a business during a period for which he/she intends to obtain unemployment recognition (period subject to unemployment recognition), he/she shall report such fact to the Commissioner of the Daegu Regional Employment and Labor Agency and shall not receive unemployment benefits by fraud or other improper means.

Nevertheless, without reporting the fact that the Defendant carried out business activities with an insurance solicitor as above, the Defendant received total 3,456,000 won of job-seeking benefits, which were unemployment benefits, by unlawful means, including submitting an application for unemployment recognition, from February 9, 2010 to June 8, 2010, by submitting an application for unemployment recognition, from February 16, 2010 to June 8, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to the illegal receipt and demand investigation and processing report, copies of individual benefit details inquiry report, copies of application for recognition of unemployment, and copies of payment records;

1. Relevant Article of the Act on Criminal Crimes and Article 116 (2) of the former Employment Insurance Act (amended by Act No. 11274, Feb. 1, 2012);

1. Articles 70 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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