Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

After the Defendant retired from Company B on January 1, 2018, on January 3, 2018, the Defendant applied for the eligibility for unemployment benefits at the Seongbuk-gu Employment and Labor Center of the Seongbuk-gu Seoul Employment and Labor Agency for the unemployment benefits and received KRW 11,385,310 for total amount of unemployment benefits for 210 days from January 10 to August 7, 2018.

No one shall receive unemployment benefits by fraud or other improper means, and an eligible beneficiary who provides his/her labor or starts up his/her business during the period for unemployment recognition shall report such fact to the head of the employment security office.

On July 11, 2018, the Defendant was employed in Jincheon-gun C Co., Ltd., Ltd. and worked in F located in E-si on August 7, 2018, but applied for unemployment benefits on August 7, 2018 without reporting employment to E-si Employment Center, and received unemployment benefits for 1,518,040 won for a total of 28 days.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the criminal place;

1. Labor contract documents and detailed statement of salary (stock company D);

1. Application of Acts and subordinate statutes to each individual's benefits;

1. Article 116 (2) of the Employment Insurance Act for the facts constituting the crime;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the fact that the sentencing period of the provisional payment order is recognized as well as both the return of the illegal unemployment benefits (the defendant returned the additional dues to the illegal unemployment benefits; and (b) the case constitutes criminal punishment; (c) the imposition of a fine again constitutes a violation of the prohibition against double Jeopardy; (d) although the above return disposition by an administrative agency is asserted to the effect that it does not constitute criminal punishment, the defendant's assertion is without merit; (e) the amount of the illegal unemployment benefits, age, character and conduct, environment, etc. of the criminal law.