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(영문) 서울서부지방법원 2017.11.16 2017고정1309
고용보험법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No person shall receive unemployment benefits by fraud or other improper means.

On May 31, 2016, the Defendant, a design business entity, filed an application for unemployment benefits with the Seoul Gwanak-gu Employment Center around June 7, 2016, and was employed at the “C” located in Jung-gu Seoul, Jung-gu, Seoul on June 10, 2016, the Defendant denied the amount of unemployment benefits of KRW 3,343,010 in total four times from June 24, 2016 to September 7, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of statutes on the details of supply and demand of unemployment benefits;

1. Article 116 of the relevant Act and Article 116 (2) of the Insurance Act (including inclusive) and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is as follows: (a) around May 2017, the period for which the defendant voluntarily reported by the head of the Seoul High Military Labor Office Seoul High Military Labor Office (the voluntary report submitted by the defendant to this court on October 16, 2017 is indicated on May 22, 2016; but this seems to be a clerical error); (b) the fact that the illegal unemployment benefits were returned on three occasions; (c) the defendant is the primary offender; and (d) the defendant is the primary offender; and (e) the punishment is determined as ordered in consideration of all the sentencing conditions, such as the defendant’s age, sexual behavior, environment, etc.

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