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(영문) 인천지방법원 부천지원 2015.03.26 2014고단3315
고용보험법위반
Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a person working in D, a gold business entity located in Seo-gu Incheon City, Seo-gu, Incheon, from August 2012, and Defendant B is a person who operates the above D.

1. The defendant A shall not receive unemployment benefits from the Ministry of Employment and Labor by fraud or other improper means;

Nevertheless, on August 31, 2012, the Defendant filed an application for unemployment benefits with the Vice-Employment and Labor Office of the Middle-Standing Branch of the Korea Job Agency and received unemployment benefits KRW 7,194,170 from September 7, 2012 to May 4, 2013.

However, in fact, the Defendant served in the above D from August 2012, 201.

Accordingly, the defendant received unemployment benefits by fraud or other improper means.

2. Defendant A, an employee of the Defendant, received unemployment benefits in an unlawful manner in relation to the Defendant’s business at the above date, time, and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to confirm the details of accusation, telephone, etc., a statement of business trip, each statement of transaction, each list of employment insurance and unemployment benefits, restrictions on payment and return collection of individual benefits, investigation into workplace cards, each investigation report, and applications for recognition of eligibility for benefits;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 116(2) of the former Employment Insurance Act (amended by Act No. 13041, Jan. 20, 2015; hereinafter the same) and the selection of fines

(b) Defendant B: Articles 117 and 116(2) of the former Employment Insurance Act

1. Defendant B: Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014)

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (hereinafter referred to as “Chocks favorable to the following sentencing grounds”);

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B of the provisional payment order: The crime of this case on the grounds for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant A) is planned to receive unemployment benefits, and the amount is not much, and the recovery of damage is proper.

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