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(영문) 서울서부지방법원 2018.11.22 2018고단3242
고용보험법위반
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

The Defendant retired from Company B on September 30, 2017, and applied for unemployment benefits on October 25, 2017, and received unemployment benefits from November 1, 2017 to April 29, 2018.

No person shall receive unemployment benefits by fraud or other improper means, and where a beneficiary provides labor or starts up a business during the period in which he/she intends to obtain unemployment recognition, he/she shall report such fact to the head of an employment security office.

Nevertheless, on October 30, 2017, the Defendant concealed the fact that he/she was employed in “(ju)C” and received unemployment benefits in total seven times from that time until April 30, 2018, including the fact that he/she submitted an application for unemployment recognition to the Seoul Western Branch Office of the Seoul Western Branch Office of the Seoul Western Branch Office, Seoul, and received unemployment benefits of KRW 400,000,000,000 from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Filing a wrongful act report, insured status, and application of statutes as a result of the beneficiary search;

1. Article 116 of the relevant Act and Article 116 (2) of the Insurance Act (including inclusive) and the selection of fines for criminal facts;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize the Defendant’s mistake, the Defendant has no record of criminal punishment, the amount of unemployment benefits illegally received, the degree of punishment in the same case, etc. are determined by taking into account the sentencing conditions as indicated in the instant trial.

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