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(영문) 부산지방법원 2015.07.22 2015고정2139
고용보험법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On April 15, 2011, the Defendant retired from employment from the king Co., Ltd., and on April 19, 201, the Defendant applied for the recognition of the eligibility for employment insurance to the Busan Regional Employment and Labor Office and received the recognition of the eligibility for training.

An eligible recipient who intends to obtain unemployment recognition shall report to the head of an employment security office the provision of labor or start-up during the unemployment recognition period.

Between May 11, 2011 and May 30, 2011, the Defendant provided labor by being employed by B, who is an intra-company subcontractor in the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the Young-gu, Busan.

Nevertheless, on May 31, 201, the Defendant visited the Busan Regional Employment and Labor Office to receive KRW 1,120,000 for job-seeking benefits by filing a false application for unemployment recognition as if there was no labor fact during the period subject to unemployment recognition for 28 days from May 4, 2011 to May 31, 2011.

Until August 23, 2011, the Defendant received a total of 3,360,000 job-seeking benefits by filing a false application for recognition of unemployment, as if there was no fact that the Defendant had provided labor three times during the period subject to recognition of unemployment, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Copies of illegal receipt and demand, copies of report on the acquisition and loss of employment eligibility, copies of an application for recognition of eligibility for employment insurance, copies of an application for recognition of eligibility for employment insurance, copies of personal issuance inquiries, applications for recognition of unemployment, copies of business owners (B) information inquiry, copies of the details of commuting to and from the workplace of

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 116 (2) of the Act on the Employment Insurance (amended by Act No. 11274, Feb. 1, 2012) that applicable to the relevant criminal facts and Article 116 (2) of the former Employment Insurance Act that selects a sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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