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(영문) 인천지방법원 2020.09.22 2020고정831
고용보험법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall receive unemployment benefits, childcare leave benefits, or maternity or paternity leave benefits by fraud or other improper means, and unemployment benefits may be paid when the insured who has served for at least 180 days at the place of business covered by employment insurance and has retired from employment is in a state of disability in spite of his/her intent and ability

Nevertheless, B conspired with the defendant who is not entitled to apply for unemployment benefits since he had not actually worked in C, and the defendant submitted the certificate of the acquisition, loss, and severance of employment insurance as if he had worked in the above company from June 10, 2016 to August 20, 2017.

The defendant works in the above workplace from June 10, 2016 to August 20, 2017.

On October 23, 2017, by submitting a false application for recognition of eligibility to receive benefits as if they were retired from office due to closure of business, and recognized eligibility to receive unemployment benefits on November 6, 2017, and applying for unemployment benefits on November 372, 2017 and receiving the amount of KRW 5,590,060 on five occasions as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes in Part V of an employment insurance history inquiry, inquiry into the details of benefits by individual, detailed inquiry into a workplace of employment insurance, one application for recognition of eligibility for benefits, and five copies of an application for

1. Relevant Article 116(2) of the Employment Insurance Act, Article 30 of the Criminal 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 that the defendant illegally received unemployment benefits on five occasions, and the liability for the crime is not less than that of the defendant. On the other hand, the defendant recognized and reflects the crime of this case, the defendant has no record of being punished for the same crime, and the defendant has no other motive and means of the defendant's age, character and behavior, environment, and crime.

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