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(영문) 서울남부지방법원 2014.10.28 2014고정2522
고용보험법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who served as the chairperson of Guro-gu Seoul Metropolitan Government D from February 1, 2012.

1. No person who violates the Employment Insurance Act may receive unemployment benefits by fraud or other improper means;

On April 2012, E, who was an employee of the above D, retired from D on personal grounds and did not serve as a condition for receiving unemployment benefits, but falsely reported to the Seoul Regional Employment and Labor Office as a retirement due to the corporate circumstances, and received 6 million won of unemployment benefits.

In the above D, the Defendant, while knowing that the above E applied for unemployment benefits, ordered F, an employee of F, to submit a false statement of the reason for the withdrawal of the certificate of severance from employment to the Employment and Labor Office in the column of the company’s reason for the withdrawal of the said certificate of severance from employment, thereby facilitating the above E to receive unemployment benefits in a fraudulent way.

In addition, the Defendant, around July 2012, made it easy for the Defendant to receive 6 million won of unemployment benefits of G, a former employee of the said D, under the same manual, and made it easy for H, a former employee of the said D, to receive 3,558,525 won of unemployment benefits by means of the same manual around October 2012.

Accordingly, the Defendant, while being aware that the above E, G, and H illegally received unemployment benefits, aided and abetted them.

2. On February 10, 2014, the Defendant reported the Defendant as the victim’s violation of the Employment Insurance Act at the foregoing D office. However, the Defendant stated that “IC accused the Defendant of the unlawful payment of employment insurance to receive compensation. If I received compensation related thereto, I would not deposit it in the assets of D.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. A copy of the report for disqualification of each investigation report;

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