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(영문) 청주지방법원 제천지원 2014.07.24 2014고단223
고용보험법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from June 201 to June 201, worked as an administrative director in the C convalescent Bank B, and has performed overall control over the administrative affairs of the hospital.

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

Nevertheless, on January 15, 2013, the Defendant filed an application for the payment of unemployment benefits with the purport that he/she is preparing re-employment after retiring from the Daejeon Regional Employment and Labor Agency office, which was in his/her office on December 31, 2012, at the Daejeon Regional Employment and Labor Agency, and retired from the Cvalescent Hospital on December 31, 2012.

However, in order to increase income by receiving unemployment benefits by false means in addition to the existing monthly salary, the Defendant continued to work in the Cvalescent on December 31, 2012, and continued to work in the Cvalescent on January 1, 2013, while receiving 300,000 won a monthly salary.

The Defendant received KRW 320,000,000 from the Chungcheong District Office of Daejeon Regional Employment and Labor, KRW 1120,000 on January 29, 201, KRW 1126,00 on February 26, 2013, KRW 1120,00 on March 26, 2013, KRW 1120,00 on April 23, 2013, KRW 1120,00 on May 21, 2013, and KRW 120,000 on June 24, 2013, respectively, as unemployment benefits.

As a result, the Defendant received the unemployment benefits amounting to 6 million won in total by false means.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Statement of each police statement related to F and G;

1. Application of the statutes on employment benefits payment-related data and disbursement resolution;

1. Relevant Article 116 (2) of the Employment Insurance Act and Article 116 (2) of the Employment Insurance Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The crime with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act was planned in collusion with the president, etc. of the hospital, and was not recovered from damage.

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