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(영문) 수원지방법원 2017.01.19 2016고정2711
고용보험법위반
Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 1, 2014, the Defendant applied for unemployment benefits by visiting the 7th floor Down-si 599-2 Lee Sung-si Employment Center for the said unemployment benefits, and received unemployment benefits from October 8, 2014 to January 7, 2015, while working at the said driving school from December 16, 2014 to December 17, 2014, the Defendant denied employment benefits by failing to report such employment to the Ministry of Labor.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation reports (Attachment of a copy of investigation by witnesses of the employment labor branch office);

1. Investigation report (the current status of unemployment benefits for suspects);

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment to the current status of commuting to and from work of employees);

1. Article 116(2) of the pertinent Act on criminal facts and Article 116(2) of the former Employment Insurance Act (amended by Act No. 13041, Jan. 20, 2015); the selection of fines for negligence

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The period of time when the defendant goes to work for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is less than two days, the period when the defendant worked for the illegal recipient who has been issued a summary order together with the defendant and the subsequent punishment are balanced, the circumstances leading to the defendant in this case, details of the crime committed by the defendant, and the statutory penalty (a fine not exceeding three million won) shall be determined as per the order.

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