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(영문) 대구지방법원 2017.09.20 2017고정1523
고용보험법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that it does not undermine the defendant's right of defense.

1. The Defendant in violation of the Employment Insurance Act is divided into job-seeking benefits and job-seeking promotion allowances, and the job-seeking benefits are known to the effect that the insured, who retired from employment, has included the insured unit period in the base period of 18 months prior to the date of departure from employment, for at least 180 days in total.

However, on January 5, 2017, the Defendant submitted an application for recognition of eligibility for benefits as if he/she had worked for at least 180 days during the base period from August 1, 2013 to September 29, 2016 at the construction site where the exact location of “B” at the Daegu-gu Branch Office of the Employment and Labor Agency of the Regional Labor Agency cannot be known to the person in charge of unemployment benefits.

Accordingly, the Defendant denied the unemployment benefits of KRW 6,512,320 through six times from the Daegu Regional Labor Agency from January 19, 2017 to June 12, 2017.

2. The Defendant was transferred KRW 6,512,320 to the Daegu Bank Account in his/her name as a member of the staff of the Daegu Regional Labor Agency of the Republic of Korea who paid unemployment benefits, as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application applications for recognition of eligibility for benefits, details of supply and demand, inquiries into the details of employment by the insured, resident registration cards, etc., inquiries into the completion of basic safety and health education in construction business, entry into and departure from Korea, and the application of statutes

1. Article 116 (2) of the Insurance Act on the Insurance of Employment under the relevant Act on Criminal Facts (the point of illegal receipt of unemployment benefits) and Article 347 (1) of the Criminal Act (the point of fraud);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for 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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