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(영문) 인천지방법원 2014.11.14 2014고정3214

사기등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 28, 2012, the Defendant, as a worker of the MultiPS industry, was engaged in ordinary business under the rules of employment identical to the disaster transfer under the same rules of employment, on the condition that he/she was re-employed from December 8, 2012 to June 14, 2013 and was paid 30% wages of the remainder which is not covered as temporary layoff benefits due to an occupational accident on the grounds of his/her occupational accident, after having taken up the right alley and a non-standing executive framework at the conference of the company’s unity.

Nevertheless, the Defendant, from December 1, 2012 to December 24, 2012, by preparing and submitting a written request for temporary layoff benefits from industrial accident compensation insurance to December 24, 2012, the Defendant deceiving the victim in the same manner nine times from June 27, 2013, and thereby deceiving the victim from the victim in the same manner as temporary layoff benefits (i.e., a total sum of 14,243,380 won (i.e., a period of employment 189 days x 68,478 won) and received economic benefits equivalent to 12,942,380 won (i.e., a daily payment 】 189 days x 68,478 won).

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (in cases of telephone investigation by the original workplace representative), investigation report (in cases of documents submitted by a suspect);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 347 (1) of the Criminal Act (Fraud) and Article 127 (2) of the Industrial Accident Compensation Insurance Act (a point of fraudulent receipt) of each of the same Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of an alternative fine for punishment;

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;