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(영문) 서울북부지방법원 2014.10.02 2014고단436
고용보험법위반
Text

Defendant

C In six months of imprisonment, Defendant A, B, J, E, F, G, and H are punished by imprisonment for 8 months.

Reasons

Punishment of the crime

【2014 Highest 436】 Defendant C is the representative director of Dongdaemun-gu Seoul Metropolitan Government J Co., Ltd. 307, Defendant D is the person in charge of the above company’s official duties. Defendant A is the person in charge of the above D. Defendant E is the person in charge of the above D. Defendant E’s external care, and Defendant J Co., Ltd (representative C) is a corporation established for the purpose of construction business.

Defendant

D The said J Co., Ltd.’s employees in charge of official duties of the said J Co., Ltd. had foreign workers work to raise their monthly pay and company expenses, but it was impossible for foreign workers to open an account, and received wages from the original company by employing A, E, L, etc. as daily workers and by unfolding the number of days they actually worked. The said A et al. did not work for at least 180 days during the 18-month period prior to the date of departure from employment, thereby receiving unemployment benefits by applying for unemployment benefits to the competent authority

1. Defendant D, Defendant C, and Defendant A’s joint criminal act committed with the awareness that they were not beneficiaries of unemployment benefits in collusion, and thus, Defendant D falsely prepared and received the unemployment benefits amounting to KRW 3,600,000 on the basis of the number of working days submitted to the Ministry of Employment and Labor from January 17, 2012 to April 15, 2012.

2. Defendant D, Defendant C, and Defendant E’s joint criminal act committed a false act with the knowledge that Defendant E is not a person entitled to unemployment benefits, and thus, Defendant D applied for job-seeking benefits four times from March 12, 2012 to May 15, 201, on the basis of the number of working days submitted to the Ministry of Employment and Labor, and received unemployment benefits of KRW 3,600,000 from March 12, 201 to May 15, 2012.

3. Defendants D, C, and L are falsely prepared and submitted to the Ministry of Employment and Labor with the knowledge that they were not eligible for unemployment benefits in collusion with L, even though they were aware that they were not eligible for unemployment benefits.

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