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(영문) 서울북부지방법원 2017.03.03 2017고정1
고용보험법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant applied for eligibility for unemployment benefits at the Employment Center of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu on June 7, 2013, and applied for unemployment benefits at the Employment Center of Nowon-gu in Seoul Special Metropolitan City on June 21, 2013. The Defendant was unemployed on June 21, 2013.

I stated and applied for unemployment benefits.

However, in fact, the Defendant had been employed in the place of business of the “C” clothes sales business from June 1, 2013, which was prior to the date of application for eligibility for unemployment benefits, and thus was false as if he was unemployed even though he did not meet the eligibility requirements for job-seeking benefits.

As above, the Defendant was paid KRW 279,930 for job-seeking benefits around June 24, 2013 after falsely applying for eligibility for unemployment benefits and applying for job-seeking benefits, and also received job-seeking benefits of KRW 4,199,010 in the same way five times in total, such as the list of crimes in the attached list of crimes.

As a result, the Defendant received false unemployment benefits on five occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Survey and report of fraudulent supply and demand of unemployment benefits;

1. Copy of the statement of opinion;

1. Application of Acts and subordinate statutes regarding personal benefits details;

1. Article 116(2) of the former Employment Insurance Act (amended by Act No. 13041, Jan. 20, 2015) on criminal facts

1. Selection of an alternative fine for punishment;

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

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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