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(영문) 대구지방법원안동지원 2020.09.23 2020고정39
고용보험법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Where a daily worker under the Employment Insurance Act intends to resign from employment and receive unemployment benefits at the Daegu Regional Labor Agency located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si around March 6, 2019, the Defendant submitted an application for recognition of eligibility to receive unemployment benefits accompanied by a false written confirmation that he/she has not worked for 11 days at the Ansan-dong Agricultural Technology Center from February 6, 2017 to February 22, 2017, and received KRW 3,907,410,000 in total for 4 times from March 20, 2017 to June 12, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the place of criminal, inquiry about the details of employment by the insured, personal history register, deposit statement, application form for recognition of eligibility, inquiry about individual benefits, report on the result of unfair receipt of unemployment benefits, report on the results of investigation, report on the suspect's assertion, and application of the Act and subordinate statutes

1. Relevant Article 116 (2) of the Employment Insurance Act for facts constituting an offense and Article 116 (2) of the Employment Insurance Act for the selection of a sentence;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant unlawfully received and received unemployment benefits four times, and the crime is not less than that of the crime.

However, in light of the fact that the defendant recognized the crime of this case, the fact that the defendant was the first offender who has no criminal punishment power, circumstances favorable to the defendant, such as the defendant's occupation, age, character and behavior, environment, motive, circumstances, means and consequence of the crime, etc., the punishment as ordered shall be determined as well as the order.

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