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(영문) 인천지방법원 2019.05.14 2018고단9486

사기등

Text

Defendant

A Imprisonment with prison labor for eight months and for four months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

B is a person operating building C, building E in the Dong-gu Incheon City, and Defendant A is a person working in the above E from September 11, 2014.

On December 24, 2015, the Defendants: (a) around Dong-gu Incheon Metropolitan City C building; (b) around December 24, 2015; (c) Defendant A was subject to the accident of “Woo-si, Dong-gu, Incheon Metropolitan City C building; (d) ; and (c) Defendant A (“Woo-gu”); (d) reported the date of employment of Defendant A within 14 days from the date of the occurrence of the accident, the Victim’s Labor Welfare Corporation is exempt from collecting 50% of the industrial accident insurance benefits that the victim paid to Defendant A from the Defendant, who is the business owner; and (d) sought an application for the industrial accident insurance with a false employment date and average wage.

Accordingly, on February 22, 2016, Defendant B submitted relevant documents, such as a medical care benefit and an application for temporary disability compensation benefits, which were prepared as if five million won were to exist, and received the approval on April 6, 2016, despite that Defendant A’s employment date was 300-3.5 million won.

Defendant

A was paid KRW 5,58,710 of temporary layoff benefits from January 15, 2016 to June 7, 2016, and KRW 38,853,160 of disability pension from January 1, 2017 to April 30, 2018.

As a result, the Defendants conspired to attract the victim to receive 38,853,160 won, and received the industrial accident insurance benefits by fraud.

Summary of Evidence

1. Defendants’ respective legal statements

1. A request for investigation and a report on investigation results;

1. Application of Acts and subordinate statutes to industrial accident applications, calculation details of average wages, applications for industrial accident insurance, actual status certificates of business places, business registration certificates, and labor contracts

1. Article 347 of the Criminal Code as to the facts constituting the crime.

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