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(영문) 대구지방법원 서부지원 2017.09.29 2017고단752
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

No one shall receive unemployment benefits, etc. by fraud or other improper means.

On August 25, 2014, the Defendant reported the fact of unemployment to the Daegu District Labor Office Branch Office of the Korea Labor Agency, which received unemployment benefits from August 1, 2014 to January 28, 2015.

Nevertheless, the Defendant, from September 15, 2014 to December 28, 2014, served as a daily worker in D located in Busan Metropolitan City, and received unemployment benefits of KRW 6,000,000 on a total of six occasions from September 15, 2014 to January 28, 2015, by failing to report to the said Labor Agency the fact that he/she had served as a daily worker in the construction located in the Seoul Special Metropolitan City, Daegu Special Metropolitan City (Seoul Special Metropolitan City) located in the area north-ro 141 and the first floor (Seoul Special Metropolitan City) of the Seoul Special Metropolitan City, Daegu Special Metropolitan City (Seoul Special Metropolitan City).

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about personal benefits, qualification certificates for employment insurance benefits, payment details of benefits, inquiry about personal history, and application of statutes regarding detailed inquiries into places of business of employment insurance;

1. Article 116 (2) of the Employment Insurance Act, and selection of fines concerning facts constituting a crime under the relevant Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are against the Defendant’s recognition of the instant crime, and the circumstances leading to the instant crime are deemed to have been committed to support his spouse and children, etc. In light of the fact that the Defendant seems to have committed the instant crime, the punishment as ordered shall be determined in light of the following: (a) the Defendant is the first offender who has no record of such crime.

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