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(영문) 서울중앙지방법원 2017.05.16 2017고정331
고용보험법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, from September 1, 2013 to March 2015, was a person who worked as a user from “B” to “B,” and C is a representative director of “D” and “D” as a person who actually operated “D” and “B.”

No person shall receive unemployment benefits by fraud or other improper means.

Defendant filed a false report on the acquisition of employment insurance benefits and the severance from employment as if he/she had worked as a contracting position from April 1, 2015 to July 31, 2015. On August 20, 2015, Defendant filed an application for eligibility for unemployment benefits with the Seoul Western Branch Office in Mapo-gu Seoul Seoul Metropolitan Government (Seoul Mapo-gu) around August 20, 2015. Defendant filed a false written confirmation of severance from employment with Defendant and sent it by facsimile to the Seoul Western Branch Office in Seoul Seoul Metropolitan Government in Ministry of Labor and Ministry of Labor, thereby forcing Defendant to receive unemployment benefits of KRW 5,273,080 for 150 days from August 27, 2015 to January 23, 2016.

As a result, the Defendant conspired with C to receive unemployment benefits by fraud or other improper means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect interrogation of each police officer in relation to C and E;

1. Written accusation and relevant data;

1. Application of Acts and subordinate statutes, such as investigation details, inquiries into persons eligible for subsidies by workplace, applications for subsidies for promotion of employment, a detailed statement of benefits, applications for incentives for promotion of employment, guidelines for operating the employment promotion support system, and requirements for subsidies for promotion of employment;

1. Relevant Article of the Act on the Punishment of Criminal Crimes, Article 116 (2) of the Insurance Act on the elective Employment of Punishment, and Article 30 of the Criminal Act.

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

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

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