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(영문) 서울중앙지방법원 2013.06.19 2012고정3597
고용보험법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 17, 2008, the Defendant prepared a written recognition of eligibility for employment insurance at the Seoul Special Metropolitan City Nowon-gu Employment and Labor Office (734-2, Seoul Special Metropolitan City Employment and Labor Office), and filed an application for unemployment benefits with the Defendant, despite the fact that the Defendant had worked for 13 days for the 13-day month prior to the date of application for eligibility, and indicated the application in the column less than 10 days for the month prior to the date of application for eligibility, and written and submitted a written confirmation stating “the working days for the 10-day month prior to the date of application for eligibility recognition” in the written

Even if a person did not receive unemployment benefits by fraud or other improper means, the Defendant received KRW 4,061,490 in total under the pretext of unemployment benefits on six occasions from June 24, 2008 to October 21, 2008, by falsely stating a written recognition of eligibility for unemployment benefits as if the number of working days does not exceed 10 days a month before the filing date of the application for unemployment benefits is less than 10 days.

Summary of Evidence

1. Part of the police interrogation protocol of the defendant

1. Results of fraudulent receipt of unemployment credits;

1. Detailed statement of expenses for daily labor;

1. Application of statutes on a copy of an application for eligibility for employment insurance;

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. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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