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(영문) 수원지방법원 성남지원 2021.01.28 2020고단3282
고용보험법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

A person qualified to receive unemployment benefits under the Employment Insurance Act shall, when he/she provides labor or starts up a business during the period in which he/she intends to obtain the recognition of unemployment, report such fact to the head of the Employment Security Office, and no person shall receive unemployment benefits by fraudulent

On April 17, 2020, the Defendant: (a) filed an application for unemployment benefits with the Sungnam branch office of the Sung-nam branch office of the Ministry of Labor in Jung-gu, Seoul, for a total of 106 days from April 30, 2020 to August 13, 2020; (b) received payment of unemployment benefits of KRW 6,953,400 from the above center for the period of 106 days from April 30 to August 13, 2020.

However, the facts are as follows: (a) although the defendant provided labor to Section D for the above unemployment recognition period from May 1, 2020 to August 13, 2020, the defendant pretended to have been unemployed without notifying this fact to the head of the Employment Security Office; (b) and (c) in the indictment of 6,887,810 won for the above unemployment benefits, the improper unemployment benefits amounting to KRW 6,953,400 for the above period is stated as KRW 6,953,40, the total amount of the unemployment benefits received by the defendant. However, according to the evidence, the defendant was actually unemployed.

Only KRW 6,887,810, which is the remainder after deducting KRW 65,590,000 for a day ( April 30, 2020) (i.e., the total amount of supply and demand KRW 6,953,400 for a day - KRW 65,590 for a day) is reasonable to view it as the amount of illegal supply and demand. Accordingly, this recognition is recognized.

(1) A person who received such information by fraud or other improper means.

Summary of Evidence

1. Statement by the defendant in court;

1. To refer to the wage ledger, written statements on the allocation of suspects, details of workers’ preparation, and inquiries into workplace cards;

1. Application for verification of unemployment, inquiry of the details of personal benefits, prior notice of disposition of personal history, and application of statutes for approval of installment payments;

1. Article 116 (2) 2 and 116 (1) 2 of the Act on the Insurance Contract with Respect to the facts constituting an offense, and Article 116 (2) 2 and 11 (1) 2 of the same

1.A fine of 2,00,000 won to be suspended.

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