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(영문) 대전지방법원 2017.02.08 2016고단3978
건설산업기본법위반등
Text

1. Defendant A, B, C, D, E, and F Defendant C shall be sentenced to six months of imprisonment, Defendant D and E shall be sentenced to eight months of imprisonment, Defendant A and B, respectively.

Reasons

Punishment of the crime

Defendant

G Co., Ltd. is a corporation established for the purpose of building construction business, etc., and Defendant F is a real operator of the above corporation, and Defendant A, Defendant B, Defendant C, Defendant D, and Defendant E are registered as a director of the above corporation for the purpose of receiving their personal construction work in the name of the above corporation.

1. Assistance in violation of employment insurance laws;

A. From April 5, 2013 to March 6, 2015, the Defendant: (a) knowingly known that a person who is not eligible to receive job-seeking benefits, as indicated in the list of crimes listed in attached Table (1), applied for job-seeking benefits to the Korea Labor Agency and received job-seeking benefits in an unlawful manner; (b) in order to assist the said recipient, the Defendant: (c) falsely prepared a daily newspaper (hereinafter referred to as “one-time newspaper”) as if the said recipient had worked on the construction site for a certain period of time or longer (at least 180 days before the date of such post); and (d) assisted the said recipient’s illegal receipt of benefits.

B. From December 22, 2014 to November 27, 2015, Defendant A, even though he/she is aware that a person who is not eligible to receive job-seeking benefits, as indicated in the list of crimes in the attached Table (2) of crimes, applied for job-seeking benefits to the Korea Labor Agency and received job-seeking benefits in an unlawful manner, Defendant A prepared a false daily newspaper (hereinafter referred to as “one-day newspaper”) for the period of one month prior to the date on which an application for recognition of eligibility for benefits is filed, and aided and abets the said recipient’s fraudulent receipt of benefits.

(c)

Defendant

B On March 10, 2016, the Defendant: (a) was aware of the fact that he/she was the Defendant’s son on March 10, 2016, that he/she had worked for at least 180 days between the 18 months prior to the date of departure from employment; and (b) that he/she applied for job-seeking benefits and received job-seeking benefits unlawfully, as if he/she were qualified, even though he/she did not have been entitled to receive job-seeking benefits; (c) was aware of the fact that he/she applied for job-seeking benefits and received job-seeking benefits unlawfully; and (d) was falsely prepared a daily newspaper (hereinafter referred to as “one-day newspaper”) during the dispatch as if he/she had worked on the construction site for at least 180 days between 18 months prior to December

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