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(영문) 부산지방법원 2016.07.14 2016고정1652
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

Unemployment benefits, childcare leave benefits, and leave benefits before and after childbirth shall not be received, by fraud or other improper means.

Nevertheless, on November 8, 2013, the Defendant retired from office at C cafeteria located in Busan Seo-gu, Busan on November 19, 2013, and applied for recognition of eligibility to receive benefits to the head of the Busan Regional Labor Agency at the Busan Regional Labor Agency located in the year-gu, 36 (Yansan-dong) on November 19, 2013, and was recognized as eligible to receive benefits on December 3, 2013, and the Defendant provided labor during the period of unemployment recognition from December 12, 2013 to March 29, 2014. However, the Defendant did not provide labor during the period of unemployment recognition as eligible to receive benefits to the head of the Busan Regional Labor Agency from December 4, 2013 to December 31, 2013.

The employer applied for unemployment benefits and received KRW 979,770, and did not provide labor to the above Labor Agency from January 1, 2014 to January 28, 2014.

The employer applied for unemployment benefits and received KRW 979,770, and did not provide labor from January 29, 2014 to February 25, 2014 to the Labor Administration around February 25, 2014.

The employer applied for unemployment benefits and received 979,770 won, and did not provide labor to the above Labor Agency from February 26, 2014 to March 25, 2014.

The unemployment benefits amounting to KRW 3,919,080 by applying for unemployment benefits and receiving KRW 979,770 by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation into and reporting on the fraudulent receipt of unemployment benefits, inquiry into the details of ordinary deposits transactions, and application of statutes governing deposit transaction performance certificates;

1. Article 116 (2) of the relevant Act concerning criminal facts, Article 116 of the Insurance Act concerning selective employment of sentence, and selection of fines;

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the defendant recognizes and reflects the crime; and (b) the defendant illegally receives unemployment benefits.

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