Text
Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
B was employed as a worker in charge of equipment assembly work from April 27, 2017 to March 31, 2018, and the Defendant was employed as a general manager of D.
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.
In order to receive early reemployment allowances under the Employment Insurance Act, the D's D's period of employment falls short of the above criteria even though the employee has been employed continuously for 12 months or more, the defendant and the B conspired to report falsely after one month the retirement day.
Accordingly, B filed an application for early reemployment allowance as if he/she had been employed for at least 12 months since the period of service was from April 27, 2017 to March 31, 2018, and the Defendant filed a false report on B’s retirement date on April 30, 2018, and on May 1, 2018, on May 4, 2018 by falsely reporting the date of loss of the April 30 and April 1, 2018, B received early reemployment allowance of KRW 4,495,950 on May 4, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect B of the police;
1. Application of Acts and subordinate statutes to illegal surveys and reports on supply and demand;
1. Article 116 (2) of the relevant Act concerning the facts constituting an offense, Article 116 of the Insurance Act concerning the selective employment of a punishment, and Article 30 of the Criminal Act;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order is that the defendant committed the crime of this case upon the affirmative request of B on the part of B, and the defendant has no profit acquired from the crime of this case shall be reduced in part of the fine.