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(영문) 부산지방법원서부지원 2020.10.14 2020고정290
고용보험법위반
Text

Defendant shall be punished by a fine of 600,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

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

Although the Defendant was employed as a door-to-door transporter belonging to B around March 6, 2018, on or around March 15, 2018, he/she filed an application for unemployment benefits to the Busan Employment Center located in the Busan Northern-dong, Busan, and accordingly, received KRW 5,57,130 in total including KRW 433,720 of unemployment benefits on March 30, 2018, and KRW 379,510 of unemployment benefits on April 5, 2018, and KRW 5,57,130 of unemployment benefits on April 5, 2018, and KRW 5,57,130 of early re-employment allowances on May 2, 2019, including KRW 4,201,740.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to recognize eligibility for employment insurance benefits for each individual's request for cooperation in investigating data about the details of benefits paid by the individual employment insurance, and for reports on fraudulent receipt of account statements;

1. Article 116(2) of the former Employment Insurance Act (amended by Act No. 1657, Aug. 27, 2019); the selection of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. To reduce part of the fines for a summary order by taking account of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act and the amount of unlawful receipt and additional collection have been fully returned.

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