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

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

Punishment of the crime

On January 31, 2019, the Defendant retired from B to the expiration of the contract. On February 18, 2019, the Defendant applied for the eligibility for unemployment benefits to the Yangju Employment Center and received total of KRW 8,897,760 for unemployment benefits on six occasions from March 4, 2019 to July 22, 2019.

No person shall receive unemployment benefits, child-care leave benefits, maternity leave benefits, etc. by fraud or other improper means, and an eligible recipient shall, when he/she provides labor or starts up a business during the period for which he/she intends to obtain recognition of unemployment, report such fact to

Nevertheless, from May 1, 2019 to June 29, 2019, the Defendant concealed the fact that labor has been provided by the Dispute Settlement Bank Co., Ltd., and submitted a false application for unemployment recognition to “no labor fact” on three occasions, including May 27, 2019, and received 3,607,200 won as stated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The report of unlawful acts;

1. Electronic data of employment insurance;

1. Application of Acts and subordinate statutes, such as a business trip name, business place certificate, and transaction statement by account;

1. Article 116 (2) of the Employment Insurance Act and Article 116 (2) of the same Act and the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a concealment of the fact that the defendant provided labor during the unemployment period, and illegally received unemployment benefits of 3,607,200 won, and the criminal liability is not exceptionally imposed in view of the method, circumstance, and content of the crime.

However, taking into account the favorable circumstances, such as the fact that the Defendant recognized all the facts charged in the instant case and reflects the Defendant’s mistake in depth, in particular, the Defendant appears to have returned KRW 1.8 million out of the unemployment benefits illegally received after the date of the issuance of the summary order, and that the Defendant did not have the same criminal record and has no record of criminal punishment exceeding the fine.