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(영문) 대구지방법원 2016.04.08 2016고정357
고용보험법위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Unemployment benefits in violation of the Employment Insurance Act shall be classified into job-seeking benefits and job-seeking promotion allowances, and job-seeking benefits shall be the requirement that the insured, whose covered employment unit period is not less than 180 days in total during the base period of 18 months prior to the separation from employment, shall be the insured worker;

On May 21, 2014, the Defendant applied for unemployment benefits while submitting false documents as if he/she had worked for at least 180 days during the base period from October 26, 2012 to April 25, 2014 at a construction site even though he/she did not actually work for a person in charge of unemployment benefits at the Daegu Employment Center.

The Defendant received unemployment benefits equivalent to KRW 3,376,060 from June 3, 2014 to August 25, 2014.

2. The Defendant received the delivery of KRW 3,376,060 in the manner described in the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Inquiries about personal benefits, application for recognition of eligibility of recipients, and application of Acts and subordinate statutes on deposit transactions;

1. Article 116 (2) of the Insurance Act on the Insurance of Employment under the relevant Act on Criminal Facts (the point of illegal receipt of unemployment benefits) and Article 347 (1) of the Criminal Act (the point of fraud);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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