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(영문) 부산지방법원 2017.04.19 2017고정59
고용보험법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall receive unemployment benefits, etc. by fraud or other improper means.

From February 1, 2009 to November 1, 2014, the Defendant was a person who was employed in a disguised place of business from around February 1, 2009, and submitted to the Busan Regional Labor Management Agency an application for recognition of eligibility for employment insurance benefits to the effect that the Defendant retired from the business due to the “Resignation” of the KCAB on December 1, 2014, and acquired eligibility for employment insurance.

However, even though the Defendant did not actually work in the Dispute Resolution Co., Ltd. with the purchase of employment insurance, the Defendant submitted a false application for recognition of eligibility for employment insurance benefits, and received the unemployment benefits of KRW 8,400,000 on eight occasions from December 15, 2014 to July 06, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. A report on internal investigation by the police (limited to submission of additional data by the Busan Regional Labor Agency);

1. Attachment of investigation data related to the investigation into the appropriateness of unemployment benefits;

1. Application of Acts and subordinate statutes to certificates of severance from employment and applications for recognition of eligibility;

1. Article 116 of the relevant Act and Article 116 (2) of the Insurance Act (including inclusive) and the selection of fines for criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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