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(영문) 대전지방법원 2017.03.31 2017고정177
고용보험법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall receive unemployment benefits by fraud or other improper means.

Nevertheless,

1. The Defendant did not apply for unemployment benefits for a total of at least ten days during the one-month period before applying for unemployment benefits, and the Defendant, even though he/she had worked at the actual construction site for a certain number of days each month, left his/her employment on November 30, 2012;

On January 3, 2013, applying for recognition of the supply of and demand for unemployment benefits by visiting the Daejeon Regional Labor Agency for Employment on January 17, 2013, 200 won, 1,20,000 won on February 14, 2013, and 1,20,000 won on March 14, 2013, and 1,120,000 won on May 9, 2013, and 1,000 won on June 5, 2013, and 5,960,000 won on total seven occasions, including KRW 120,00 on June 5, 2013, and KRW 120,000 on June 120, 2013;

2. The Defendant did not apply for unemployment benefits for a total of at least ten days during one month before applying for unemployment benefits, and the Defendant, even though he/she had worked at the actual construction site for a certain number of days each month, was leaving his/her employment on November 29, 2014

On December 30, 2014, visiting the Daejeon Regional Labor Agency to apply for recognition of the supply and demand of unemployment benefits, 3,489,930 won was denied on four occasions, including the total amount of unemployment benefits of KRW 3,489,930 on January 13, 2015, KRW 1,085,760 on February 10, 2015, KRW 1,085,760 on March 10, 2015, KRW 1,085,760 on March 10, 2015, and KRW 1,008,200 on April 6, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Data to inquire into the details of payment of unemployment benefits;

1. Application of Acts and subordinate statutes on a detailed statement of deposit transactions related to pay A;

1. Article 116(2) of the pertinent Act and Article 116(2) of the former Insurance Act (amended by Act No. 13041, Jan. 20, 2015; hereinafter collectively, the same shall apply) regarding criminal facts and the choice of punishment

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant reflects his mistake, the defendant has no criminal record for the same kind of offense, the statutory penalty of which is three million won or less at the time of the instant case, and other crimes of this case.

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