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(영문) 대구지방법원 2020.11.18 2020고정661
고용보험법위반
Text

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

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

Reasons

Punishment of the crime

Defendant is working at C Corporation located in Daegu Dong-gu, and is working at C Corporation

After departure from employment on August 5, 2019, a person who applied for eligibility for employment insurance to the Daegu Employment Center on August 22, 2019 and received unemployment benefits from August 22, 2019 to October 31, 2019.

Anyone shall not receive unemployment benefits, etc. by fraud or other improper means and shall be in a state of being employed (including where he/she engages in profit-making business) despite his/her intent and ability to work.

Nevertheless, on August 22, 2019, the Defendant submitted a false application for eligibility to receive benefits at the Daegu Employment Center, and received the unemployment benefits amounting to KRW 4,268,520 on 71 day in total, as stated in the separate list of crimes.

Summary of Evidence

1. Inquiry into the details of individual's benefits in the defendant's legal statement, inquiry into the records of individual's benefits, inquiry into the records of the personal history of the personal service, inquiry into the workplace, an application for recognition of eligibility for benefits from the workplace, an application for recognition of eligibility for benefits from the workplace, an application for the daily labor ledger of written confirmation, details

1. Relevant provisions of the Employment Insurance Act concerning facts constituting an offense, and Article 116 (2) of the Employment Insurance Act which selects a penalty;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The instant crime for sentencing under Article 334(1) of the Criminal Procedure Act takes into account the following factors: (a) the Defendant applied for unemployment benefits and received unemployment benefits by obtaining recognition of eligibility for benefits by making false entries of working details during the one-month period immediately preceding the date of application; (b) the responsibility for the relevant crime is grave; (c) there are multiple types of criminal records; and (d) the fact that the money unlawfully received has not been returned to the present day; (d) the Defendant has led to the confession of the crime; (e) there are no criminal records for the same kind of crime; and (e) there are circumstances that may be somewhat consideration of the circumstances leading to the crime; and (e) other circumstances, such as

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