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(영문) 창원지방법원 통영지원 2017.01.31 2016고정671
고용보험법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 18, 2015, the defendant is the person who voluntarily retired from the business, who is in charge of the management and processing business in the Tong-si B.

Unemployment benefits shall not be recognized for a beneficiary who has retired from employment due to his/her own reason, unless there exists any justifiable reason prescribed by this Act.

Nevertheless, on June 24, 2015, the Defendant was recognized as eligible for benefits (daily amount of job-seeking benefits: 40,176 won) by stating the fact at the time of preparing an application for recognition of eligibility for benefits at the branch office of the Korea Labor Agency, as if the Defendant recommended the company to retire in order to receive unemployment benefits even though the Defendant voluntarily retired from the above company, by stating the reason for resignation as the reason for resignation.

Thus, the defendant was on July 8, 2015 (the amount of unemployment benefits of 321,400, 8 days), and the same year

8.5. (Jobs 1,124,920, 28.00) The same year;

9.2. (Jobs 1,124,920, 28.00) and the same year;

9. 30. (Jobs 1,124,920, 28.) Unemployment benefits were paid on October 28, 199 (Jobs 1,124,920, 28.) and on November 27, 199 of the same year (jobs 1,205,280, 300, and 30-day unemployment benefits), respectively, and received 6,026,360 won in total on six occasions.

Accordingly, the Defendant received false unemployment benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on investigation;

1. A report on a survey conducted by a person suspected of fraudulent receipt of unemployment benefits;

1. Application of statutes on a copy of an application for recognition of eligibility for benefits and a detailed statement of unemployment benefits payment;

1. Article 116 (2) of the relevant Act on criminal facts and Article 116 of the Insurance Act on the elective Employment of Punishment (no matter how to choose a punishment: the nature of the crime is not good, but the criminal defendant is against the law;

(3) the payment of unemployment benefits, and other relevant factors.

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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