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(영문) 대구지방법원 2017.08.24 2017고정1246
고용보험법위반등
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

Defendant is a non-permanent position.

1. The Defendant in violation of the Employment Insurance Act is divided into job-seeking benefits and job-seeking promotion allowances, and the job-seeking benefits are known to the effect that the insured, who retired from employment, should have worked for at least 180 days in total during the base period of 18 months prior to the separation from employment.

Nevertheless, on March 22, 2016, at the 318 Daegu-gu Employment and Welfare Center of the Daegu-gu Employment and Labor Agency of the 318 (U.S., Taedong-dong) submitted an application for recognition of eligibility for benefits as if he/she had been employed for at least 180 days during the 18-month period from May 14, 2014 to November 13, 2015 at the construction site where it is difficult to find the exact place of “Gung Pung-gu” to the person in charge of unemployment benefits.

As a result, the Defendant denied the unemployment benefits of KRW 4,821,080 from the Daegu Regional Labor Agency during five times from April 5, 2016 to July 26, 2016.

2. The Defendant was granted the amount of unemployment benefits of KRW 4,821,080 by deceiving the Daegu Regional Labor Office that paid unemployment benefits by means of the above “1” and receiving the amount of unemployment benefits from one’s bank account in his/her name.

Summary of Evidence

1. Statement by the defendant in court;

1. Application for recognition of eligibility for benefits, inquiry into unit period of the insured, inquiry into the details of benefits, inquiry into history, each application for recognition of unemployment, inquiry into the details of labor, and application of tax inquiries into the employment insurance project site;

1. Article 116 (2) of the Act on the Insurance of Employment under the relevant Act on the Insurance of Employment of Workers (including the point of fraudulent supply of and demand for unemployment benefits), and Article 347 (1) of the Criminal Act (including the point of fraud, including the point of fraud) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant recognized his mistake and reflects his fault, and the defendant returned the illegally received unemployment benefits in good faith.

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