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(영문) 광주지방법원 2016.09.30 2016고정1299
고용보험법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall receive unemployment benefits by fraud or other improper means.

While the Defendant was working as a person in charge of paying senior citizens' jobs, the Defendant was sentenced to imprisonment with labor on November 27, 2014 due to the suspicion of fraud in Gwangju prison, and was dismissed on his/her own on the recommendation of the business owner, and the Defendant was dismissed on November 27, 2014, and there is no employment insurance for the Defendant.

Nevertheless, on July 22, 2015, the Defendant received a total of KRW 4,651,460 unemployment benefits for five times in total by submitting an application for recognition of eligibility for benefits, which falsely states the reason for withdrawal as “retirement recommendation due to budgetary problem,” at the Employment Support Center of the Korea Employment Agency of Gwangju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made to C by the police in the protocol; and

1. Application of the relevant Acts and subordinate statutes of each report on internal investigation and each report on investigation;

1. Article 116 (2) of the relevant Act concerning criminal facts, Article 116 of the Insurance Act concerning selective employment of sentence, and selection of fines;

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

1. The reason and nature of sentencing under Article 334(1) of the Criminal Procedure Act, and the attitude after the crime, are very poor, and the defendant has a criminal record of 9 times.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

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