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(영문) 대구지방법원 영덕지원 2016.11.23 2016고정76
고용보험법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

From May 14, 2014, the Defendant is an employee who was employed in D Co., Ltd., a company in-house subcontractor in Tong Young-si, Co., Ltd., a company in-house subcontractor in C, and performed work such as trial operation of ships.

Where any eligible recipient of unemployment benefits provides labor or starts up a business during the period in which he/she intends to obtain unemployment benefits, he/she shall report such fact to the head of the relevant employment security office, and shall not receive unemployment benefits by fraud or

Nevertheless, from May 14, 2014 to July 19, 2014, the Defendant was employed by C, an intra-company subcontractor in Tong Young-si, Inc., Ltd., and did not report employment but received unemployment benefits amounting to KRW 2,680,000 for 67 days from May 14, 2014 to July 19, 2014.

Summary of Evidence

Defendant’s legal statement

Article 116(2) of the former Employment Insurance Act (amended by Act No. 13041, Jan. 20, 2015) (amended by Act No. 13041, Jan. 20, 2015) for the reasons for sentencing of Article 70(1) and Article 69(2) of the Criminal Procedure Act for the Nowon Prison Detention Order for the Criminal Act for the punishment of this case is that the Defendant received unemployment benefits by unlawful means, and that there is no possibility of criticism in light of the fact that the Defendant abused the employment insurance system operated by the State for the stabilization of workers’ livelihood.

However, the defendant's mistake is recognized and reflected, the defendant is considered in favor of the fact that there is no previous fault, and the punishment shall be determined as ordered in consideration of all kinds of sentencing conditions, such as the defendant's age, character and conduct, environment, motive, background, means and consequence of the crime, and circumstances after the crime.

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