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(영문) 의정부지방법원 2021.03.18 2021고정53
고용보험법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 23, 2019, the Defendant retired from office on May 21, 2019, on the ground that the wage and working conditions have been significantly lowered at a religious organization C church C, and applied for unemployment benefits benefits payment to the Employment Center for the Nam-ju on May 21, 2019, and received unemployment benefits of KRW 9,018,000 on a total of six occasions from May 28, 2019 to October 24, 2019.

No one shall receive unemployment benefits, leave of absence, leave of absence before and after childbirth, etc. by fraud or other improper means, and where a beneficiary has been employed during the period for which he/she intends to obtain recognition of unemployment, he/she shall report such fact to the head of the employment security office.

Nevertheless, from May 12, 2019, the Defendant was employed in B religious organization D church and was working for B religious organization. However, on May 21, 2019, the Defendant submitted a false application for eligibility for unemployment benefits to the Employment Center of Namyang-ju for the false status of employment when applying for unemployment benefits, and received 9,018,000 won as stated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the fraudulent receipt of unemployment benefits;

1. Details of confirmation of fact, such as telephone;

1. Electronic data of employment insurance systems;

1. Application of Acts and subordinate statutes to applications for eligibility;

1. Article 116(2) of the relevant Act and Article 116(2) of the former Insurance Act (amended by Act No. 16557, Aug. 27, 2019 and enforced August 28, 2020); the selection of fines for criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention of the workhouse is not less complicated in view of the amount of unemployment benefits received by the Defendant as a result of hiding the employment of the Defendant during the period of unemployment and denying the supply of unemployment benefits of KRW 9,018,00,00, and taking into account the amount of unemployment benefits received by the Defendant, the method, circumstances, and details of the crime.

However, the Defendant recognized all the facts charged in the instant case and is in profoundly against his mistake, and in particular, the Defendant voluntarily reported the instant crime.

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