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(영문) 서울남부지방법원 2017.01.13 2016고단5418
고용보험법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is the head of the D Tax Accounting Office located in Guro-gu Seoul Metropolitan Government C. 303.

Job-seeking benefits out of unemployment benefits under the Employment Insurance Act shall be paid in cases where the insured unit period between the 18-month period prior to this job is at least 180 days in total, is in the state of being unemployed despite being able and able to work, and is actively seeking reemployment, and no person shall receive unemployment benefits by fraud or other improper means.

Nevertheless, the Defendant: (i) falsely handled expenses as if he employed daily workers and paid wages in the (ju) E, (ju) F lending construction and sale of housing; and (ii) made a false cost-processing as if he employed daily workers and paid wages on behalf of a construction business operator, thereby enabling them to evade the payment of taxes such as income tax, etc.; and (iii) in return, ordered G, H, and I to receive a certain amount of fees for the sale of housing units on behalf of the construction business operator; and (iv) made G, H, and I to recruit personal information of the daily workers on behalf of the construction business operator; and (v) made the following criminal acts through J, an employee of the same office, to write down the number of days of work on the full statement of daily employment and to make a false statement as a daily employee.

In other words, the Defendant conspired with J, G, and K in order, and around October 21, 2015, at the Seoul Gwanak Employment Center located in Guro-gu Seoul, Seoul, 34-gil 27, and the fact is not eligible for unemployment benefits because the said K had performed a work for at least 180 days at the construction site, etc., notwithstanding that it is not eligible for unemployment benefits, the Defendant filed a false application for unemployment benefits with an employee who is not known his/her name and received a total amount of KRW 3,615,810 from November 10, 2015 to January 26, 2016, as shown in the attached list of crimes.

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