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(영문) 수원지방법원 안산지원 2014.06.19 2014고정590
고용보험법위반
Text

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

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

Reasons

Punishment of the crime

The recipient of unemployment benefits shall not receive unemployment benefits by fraud or other improper means.

Nevertheless, the defendant did not report the above contents as if he had worked for 13 days at the "the construction site of the B party factory" in the "the construction site of the B party factory" to recognize the eligibility for unemployment benefits at the Employment and Labor Center of the Ministry of Employment and Labor within the Local Employment and Labor within the Ministry of Employment and Labor located in the Ansan-si, Ansan-si, Seoul, and as if he had not worked for 10 days or more within one month after the preparation of the application for recognition of unemployment benefits.

Around February 5, 2009, the Ansan Employment Center which believed the above facts to be true, recognized the defendant as a recipient of unemployment benefits and denied 600,000 won as allowances for 15 days during the period of unemployment recognition, 840,000 won as allowances for 21 days during the period of unemployment recognition on February 25, 2009, 1,120,000 won as allowances for 28 days during the period of unemployment recognition on March 25, 2009, and 26 days during the period of unemployment recognition as allowances for 26 days during the period of unemployment recognition on April 21, 2009.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Inquiries about the details of illegal receipt of and demand for reports, surveys, and individual benefits;

1. Application of statutes governing entitlement for employment insurance;

1. Relevant Article 116 (2) of the Employment Insurance Act for facts constituting an offense and Article 116 (2) of the Employment Insurance Act for the selection of a sentence (the illegal receipt of unemployment allowances

1. Articles 70 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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