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(영문) 서울서부지방법원 2017.11.08 2017고정1163
고용보험법위반
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 9, 2016, the Defendant filed a report on unemployment with the purport that “Seoul Seo-gu Employment Center of the Seoul Regional Labor Agency was retired from the office on November 15, 2016, and that “Seoul Safety Service Co., Ltd. retired from the office on the expiration of the term of the labor contract” and applied for unemployment benefits.

However, the Defendant was re-employed to the “C” restaurant located in Mapo-gu Seoul Metropolitan Government from January 16, 2016 to January 201, 2017, immediately after the withdrawal from the Japanese Safety Service Company, and was re-employed to the “E” restaurant located in Mapo-gu Seoul Metropolitan Government from January 16, 2017 to March 28, 2017, and thus, the Defendant did not constitute a recipient of unemployment benefits.

Nevertheless, the Defendant reported the aforementioned false facts and received unemployment benefits in an unlawful manner by receiving 347,320 won, around December 23, 2016, around 347, and around January 20, 2017, around 1,215,640 won, around February 17, 2017, and KRW 1,215,640, around March 17, 2017; and KRW 1,215,640, around April 14, 2017; and KRW 91,730, totaling KRW 4,905,970, around April 14, 2017.

Summary of Evidence

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

1. Details of supply and demand of unemployment benefits;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts and Article 116 (2) of the Insurance Act on the selective employment of sentence (generally, selection of fines);

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

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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