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(영문) 부산지방법원 2016.05.19 2015고정3100
고용보험법위반
Text

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

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

Reasons

Punishment of the crime

On August 27, 2009, the defendant retired from his job and entered his position. On September 28, 2009, the defendant submitted an application for recognition of eligibility for employment insurance to the Busan Regional Labor Office.

A person who intends to receive unemployment benefits shall have the working days of less than ten days for one month before the date of application for recognition of eligibility for benefits (from August 28, 2009 to September 27, 2009).

The defendant belongs to the 30-day (State), B, C (State), etc. within one month prior to the date of application for recognition of eligibility for benefits, and has provided work to the crowdfunding Corporation among the 4 sections of the Busan apartment construction work.

Nevertheless, on September 28, 2009, the Defendant entered the fact that he had worked at the office of Busan Local Labor Agency located at the end of 150-3 hours prior to the date of application for recognition of eligibility for employment insurance, and entered the fact that he had worked for less than 30 days in the application for recognition of eligibility for employment insurance even within one month prior to the date of application for recognition of eligibility for employment insurance, and denied the amount of unemployment benefits of KRW 90 days for 3,164,810 on November 12, 2009 by submitting the false report to the public official in charge of the Busan Local Labor Agency.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the investigation into, and processing of, illegal receipt of and demand for benefits by individuals, and a statement of payment of daily labor costs;

1. Application of a copy of a deposit certificate to statutes;

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. 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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