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(영문) 대전지방법원 서산지원 2019.07.25 2019고정97
고용보험법위반
Text

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

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

Reasons

Punishment of the crime

Defendant

A was employed as a living instructor in the social welfare foundation C located in Seosan-si, B, and was employed as a nursing worker in the corporation E located in Seosan-si from January 1, 2018 to Seosan-si, and F is the representative director of the corporation E.

From January 1, 2018, the Defendant and F conspired to receive unemployment benefits by hiding the fact, even though the Defendant was employed as a nursing worker as a stock company E and provided work as a nursing worker.

Accordingly, on January 11, 2018, the Defendant applied for unemployment benefits for a total of 3,650,000 won from January 25, 2018 to April 18, 2018 at the Seosan Employment Center, which is located in Seosan City Park 1,22, for unemployment benefits, by concealing the fact that he/she provided labor after being employed for a stock company E, and applying for unemployment benefits.

Accordingly, the defendant and F received unemployment benefits in collusion by illegal means.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. The police statement concerning G;

1. Personal benefits details inquiry (A);

1. Employment insurance history bureau (A);

1. The benefit ledger (from December 2017 to April 2018);

1. The current status of attendance at work (from December 2017 to April 2018);

1. A report on the receipt of data from internal investigation;

1. Application of the Acts and subordinate statutes to research and report on the beneficiaries of unemployment benefits and duplicate benefits;

1. Relevant Article 116 (2) of the Employment Insurance Act and Article 30 of the Criminal Act for the crime, and Article 116 (2) of the Employment Insurance Act for the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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