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(영문) 서울남부지방법원 2018.01.12 2017고정1846
고용보험법위반등
Text

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

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

Reasons

Punishment of the crime

From January 10, 2015 to October 10, 2015, the Defendant concealed eligibility to receive unemployment benefits even if he/she had been operating B (C) in another person’s name. On January 15, 2015, the Defendant applied for unemployment benefits among employees under his/her name at the public service center of the Bupyeong Employment Welfare Plus Office from around December 19, 2014 to around January 15, 2015, and applied for unemployment benefits from around 20,00 won to employees from around 10, 200 on the aggregate of unemployment benefits from around 10, 200 to around 15, 200; and applied for unemployment benefits from around 10, 200 won to around 20,000 won on February 15, 2015; and applied for unemployment benefits from around 20, 2015 to around 20,000 won on February 16, 2015.

As a result, the Defendant received unemployment benefits by fraud or other improper means, and at the same time, received goods by deceiving an employee who belongs to the secondary employment and welfare display center as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of individual benefit details and a detailed statement of passbook transactions;

1. Application of Acts and subordinate statutes to file a report on internal investigation (Submission of individual benefits);

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the fraudulent point) and Article 116(2) of the Insurance Act (the point of illegal receipt of unemployment benefits);

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

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