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(영문) 서울남부지방법원 2017.02.09 2016고정2730
고용보험법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Job-seeking benefits out of unemployment benefits under the Employment Insurance Act shall be paid in cases where the insured unit period between the 18-month period prior to this job is at least 180 days in total, is in the state of being unemployed despite being able and able to work, and is actively seeking reemployment, and no person shall receive unemployment benefits by fraud or other improper means.

Notwithstanding the fact that the Defendant had worked at the D dental clinic located in Guro-gu Seoul Metropolitan Government from November 1, 2014 to May 1, 2016, the Defendant had committed the following crimes with mind to receive unemployment benefits by pretending that he had worked at the above dental clinic and having been unemployed.

On May 16, 2016, the Defendant received unemployment benefits of KRW 347,320 on May 30, 2016, and paid KRW 1,519,560 on July 4, 2016.

As a result, the defendant deceiving the above employees and received unemployment benefits at the same time by fraud or other improper means.

Summary of Evidence

1. Partial statement of the defendant;

1. Copies and written statements of D;

1. A written inquiry about history (A);

1. (A) (A) of the personal benefit details inquiry; the Defendant, while working at the E dental clinic, treated the Defendant as having worked at the D dental clinic only on documents from November 1, 2014 at the employer’s request; the Defendant, while paying all insurance premiums during the above period, retired from office by recommendation at E dental clinic around May 1, 2016; and accordingly, applied for unemployment benefits with substantial eligibility; accordingly, the Defendant’s act of receiving unemployment benefits constitutes a justifiable act and the Defendant did not have criminal intent to obtain by deception.

However, even if the circumstances of the defendant's assertion are entirely premised, the defendant's person is merely based on them.

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