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(영문) 춘천지방법원 2017.04.27 2017고정34
고용보험법위반등
Text

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

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

Reasons

Punishment of the crime

1. On March 8, 2016, the Defendant violated the Employment Insurance Act by submitting an application for recognition of eligibility to receive job-seeking benefits around that time to the effect that he/she was forced to retire from “C” restaurant from “C” restaurant at the office of the Gangwon-gu branch office of the Labor Agency of the Local Labor Agency located in Chuncheon City on March 8, 2016, and that he/she is recognized as eligible to receive job-seeking benefits at that time.

4. On 19. 19. The applicant submitted an application for recognition of unemployment with statement to the effect that the employee in charge is still unemployed.

However, in fact, from April 18, 2016 to August 4, 2016, the Defendant continued to have received benefits of KRW 7,060,000 in total four times from ‘E' general restaurants located in Chuncheon City D as an employee.

Around April 19, 2016, the Defendant was granted KRW 1,215,640 from the Central and Medium Local Labor Agency to the Defendant’s account for job-seeking benefits for the same year from that time.

7. A total of KRW 4,862,560 (=1,215,640 x 4 times) was remitted by December 12.

Accordingly, the defendant received unemployment benefits by fraud or other improper means.

2. The Defendant was accused of the victim’s secondary local employment labor office at the above date, time, and place, and from April 19, 2016, the Defendant was accused of the victim’s injury.

7. It received a total of KRW 4,862,560,000 from four occasions until December 19, as a job-seeking benefit.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes (E) to a copy of the AFC Account, recipient information, unemployment recognition application, beneficiary emotional, written statement submission;

1. Article 116 (2) of the Act on the Insurance of Employment under the relevant Act on the Insurance of Employment of Workers (including the point of fraudulent supply of and demand for unemployment benefits), and Article 347 (1) of the Criminal Act (including the point of fraud, including the point of fraud) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment provided for more severe frauds shall be punished. The act of receiving unemployment benefits by submitting false documents shall be included in frauds.

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