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(영문) 창원지방법원 2020.11.18 2020고정576
고용보험법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall receive unemployment benefits, childcare leave benefits, maternity or paternity leave benefits, etc. by fraud or other improper means, and an eligible recipient shall report to the head of an employment security office, when he/she has employed a person while seeking recognition of unemployment.

Nevertheless, even though the Defendant had been employed in Yangsan-si B from March 4, 2019, the Defendant received 73 days’ total job-seeking benefits for 73 days through six times as shown in the attached list of crimes, without reporting the fact to the Kim Sea Employment and Welfare Promotion Center, and received 4,388,760 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to individual pay details inquiry, personal history inquiry, employment content inquiry of the insured, workplace detailed inquiry, business owner's confirmation, business conditions, etc., written confirmation, and payment records of wages;

1. Relevant Article of the Act on Criminal Crimes and Article 116(2) of the former Employment Insurance Act (amended by Act No. 1657, Aug. 27, 2019);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - The frequency or amount of illegal receipt or demand of the sentencing criteria is not specified, the attitude of the defendant's improper investigation, such as false statements at the first investigation stage, and the fact that the defendant later repents and reflects the defendant's wrong statements, the defendant does not have any history of punishment exceeding the same kind or fine, the defendant currently returns part of the amount of illegal receipt and is expected to endeavor to return the additional amount, and all other circumstances that are conditions for sentencing specified in the instant case, including age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as ordered by the text.

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