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(영문) 창원지방법원 2019.10.30 2019고단2338
고용보험법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

No one shall receive unemployment benefits, childcare leave benefits, maternity or paternity leave benefits, etc. by fraud or other improper means, and an eligible recipient shall, when he/she provides labor or starts up a business during the period for which he/she intends to obtain recognition of unemployment, report such fact to

Nevertheless, even though the Defendant had been employed from March 10, 2014 by Sungwon-si B (State) and had worked in a commercial position, the Defendant received the total of KRW 7,680,000 for 192 daily job-seeking benefits through eight times as shown in the list of crimes, without reporting the fact to the creative employment center of the Busan Regional Employment and Labor Agency.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the details of benefits paid to each individual, recognition of unemployment, personal history inquiry, detailed inquiry into the workplace of employment insurance, and application of statutes governing personnel list;

1. Article 116(2) of the former Employment Insurance Act (amended by Act No. 13041, Jan. 20, 2015); and Article 116(2) of the same Act (amended by Act No. 13041), the choice of imprisonment for a crime

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the defendant illegally received unemployment benefits by abusing the social security system, and the criminal nature of the crime is not good in that the final damage caused by such crime is ultimately caused by the general public.

However, the defendant's recognition of and reflects the crime of this case, there is no criminal punishment power except for the defendant's sentence of a fine of 50,000 won around 1981, and the motive and circumstances of the crime of this case as alleged by the defendant are considered as favorable circumstances, and the defendant's age, character and behavior, environment, and other factors of sentencing as shown in the trial of this case shall be comprehensively considered.

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