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(영문) 수원지방법원 2016.09.22 2016고정698
사기등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

No one shall receive unemployment benefits, leave of absence for childcare, leave of absence before and after childbirth, etc. by fraud or other improper means.

1. On April 4, 2014, the Defendant submitted an application for recognition of the eligibility to receive unemployment benefits in the state of severance from employment to the competent branch office of the Gyeonggi-gu branch office that employs victims at the time of hand-on, the Defendant filed an application for job seeking benefits between April 11, 2014 and May 18, 2014 (36 days).

In this regard, the defendant employed in the Dispute Settlement Bank Co., Ltd. on May 1, 2014 during the period of unemployment benefits as above and did not report the employment of the above company to the victim Suwon Employment Center because it was hidden and did not report it to the victim.

5. 19. As a person, a total of KRW 1,200,000 was paid as job-seeking benefits.

2. The Defendant, as of April 29, 2015, withdrawn from the above company.

4. Although the number of working days did not meet the requirements for early employment allowances of one year, etc. due to the loss of employment as of 30. 30, an application for correction of the loss of employment as of May 20, 2015 upon request from the representative D of the aforementioned company on May 20, 2015 for the purpose of receiving early employment allowances, the employee was paid KRW 3,440,000 for early reemployment allowances around June 17, 2015.

Accordingly, the Defendant, by deceiving the victim as above, acquired financial benefits of KRW 4,640,00,00 in aggregate of the above job-seeking benefits and early reemployment allowances, and received job-seeking benefits and early reemployment allowances unjustly.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Copy of the police statement made to D;

1. Statement made by the police for E;

1. Requesting investigation into a case of providing information on illegal supply of and demand for unemployment benefits;

1. Details of payment of five-month benefits to ACF;

1. Application of statutes on payment details of unemployment benefits;

1. Article 347 (1) of the Criminal Act (the point of fraud) and Article 116 (2) of the Employment Insurance Act (the point of fraudulent supply and demand) for the facts constituting an offense;

1.Article 40 of the Criminal Code of Trade and Trade.

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