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(영문) 광주지방법원 목포지원 2019.04.26 2018고정284
고용보험법위반
Text

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

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

(B) The Defendant received KRW 10,419,790, total amount of unemployment benefits at 11 times from October 21, 2016 to June 17, 2017, after he/she had worked from B from January 1, 2016 to September 30, 2016 on the expiration of the contract term.

No person shall receive unemployment benefits, childcare leave benefits, leave benefits before and after childbirth, etc. by fraud or other improper means.

The recipient of unemployment benefits has provided labor during the period subject to the verification of unemployment, each first unemployment recognition date after the date of providing the labor, but the suspect received the total amount of 4,688,910 won of unemployment benefits for 27 days in total on March 28, 2017, even though he/she had temporarily worked for 108 days from March 2, 2017 to September 30, 2017, the first unemployment recognition date, even though he/she had concealed this fact and received 1,172,230 won of unemployment benefits for 27 days from March 28, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Four copies of individual benefit details, employment insurance history inquiry, and application for recognition of unemployment;

1. Ordinary copies, written confirmations of business owners, and corrective reports;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of factual data on labor);

1. Relevant Article 116 (2) of the Employment Insurance Act for facts constituting an offense and Article 116 (2) of the Employment Insurance Act for the selection of a sentence;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant paid in full both the illegally received amount and the additional collection charges, the defendant's depth is against the defendant, the age and health conditions of the defendant, and all the sentencing conditions shown in the arguments and records of the case shall be determined as ordered.

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