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(영문) 창원지방법원 2020.04.09 2019고단4025
고용보험법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Job-seeking benefits, among unemployment benefits under the Employment Insurance Act, shall be at least 180 days in total for the insured unit period up to 18 months prior to the date of severance from employment, and shall be paid in the state of failure to be employed (including the case of operating a profit-making business) despite the intention and ability to work, and shall be actively engaged in reemployment, and no person shall receive unemployment benefits by fraud or

The Defendant, from July 2015 to August 2019, run a for-profit business, such as operating “D” in the name of Dong C in Kimhae-si, Kim Jong-si, and operated “D” as above, and thus, is not entitled to receive unemployment benefits by failing to make efforts for reemployment, such as making it difficult to find full-time employment in other businesses.

Nevertheless, around January 11, 2019, the Defendant received 11,060,000 won in total for 204 days of unemployment benefits through eight times, as shown in the attached crime list, without reporting the fact to the Busan Regional Employment and Labor Agency, and applied for unemployment benefits as unemployment benefits, and received 433,720 won.

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation and name of the business owner;

1. Applications for recognition of eligibility for benefits;

1. Application of Acts and subordinate statutes to each investigation report (Submission of suspect unemployment benefits payment statement);

1. Article 116 (2) of the Employment Insurance Act applicable to the relevant criminal facts and Article 116 of the Employment Insurance Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to inflict losses on the National Treasury by receiving unemployment benefits by unlawful means, and the crime is bad, and the defendant is still unable to return the illegal amount, the defendant's responsibility is heavier.

However, the defendant reflects his mistake;

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