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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant retired from employment on February 28, 2019, and applied for unemployment benefits benefits to the Seongbuk Employment Center on March 15, 2019 and received total amount of KRW 13,860,000 for unemployment benefits for 210 days from March 22, 2019 to October 17, 2019.
No person shall receive unemployment benefits by fraud or other improper means.
A person who applies for unemployment benefits shall be in a state of being unemployed despite his/her will and ability to work.
Nevertheless, even though the Defendant had not been unemployed due to running food truck (i.e., food truck) from November 2018, on March 15, 2019, the Defendant did not report the fact of self-business operation at the time of applying for eligibility for unemployment benefits to the Seongbuk Employment Center on March 15, 2019. Although the Defendant continued to operate self-business even during the unemployment benefit period from March 29, 2019 to October 17, 2019, the Defendant received the total amount of KRW 13,860,000 by filing an application for unemployment benefits on March 29, 2019, without filing a report thereon at the eight unemployment recognition date as indicated in the separate crime list.
Summary of Evidence
1. Defendant's legal statement;
1. Cheating report, motor vehicle register, employment insurance history inquiry, personal benefit details inquiry, business registration certificate, real estate lease agreement, statement of transaction by account, details of re-employment activities, advance notice of disposition, and application of Acts and subordinate statutes to guarantee payment immediately;
1. Relevant Article 116 (2) 2 and Article 116 (1) 2 of the Employment Insurance Act, and the selection of fines, respectively, for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;