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(영문) 의정부지방법원 2015.04.28 2015고단111

사기등

Text

A defendant shall be punished by imprisonment for four 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

1. Around November 5, 2013, the Defendant and C conspiredd to obtain temporary disability compensation benefits by filing a claim for industrial accident compensation insurance for a victim of an injury, the loss of which is divided into machinery, while the Defendant was engaged in the steculing work in the “stock Company E” of the operation of the C in Namyang-si, Namyang-si.

On December 2, 2013, the Defendant, in the vice governor of the Korea Workers’ Compensation & Welfare Service, who is a citizen of the Government-si on December 2, 2013, stated “no” in the column for questioning “I have already received benefits from the business owner during the period for requesting temporary disability compensation benefits,” and stated “no” in the column for questioning “I have experienced employment during the period for claiming temporary disability compensation benefits,” and submitted the said application to the employee under the jurisdiction of the victim.

However, from November 26, 2013 to March 24, 2014, the period for receiving temporary layoff benefits, the Defendant received approximately KRW 2,40,00 or KRW 3,80,00 in one month from one month to one account in his/her wife F’s name or G account in his/her name, and even C, even though having knowledge of the fact that the Defendant received temporary layoff benefits as above, excluded the Defendant from the register of benefits and paid the said benefits to the Defendant’s wife F or G account in his/her name.

Accordingly, the defendant, in collusion with C, was issued 14,137,880 won of temporary layoff benefits by deceiving the victim.

2. On December 2, 2013, the Defendant in violation of the Industrial Accident Compensation Insurance Act continued to work in the Vice-Governor of the Korea Workers’ Compensation and Welfare Service, and continued to work in the “stock company E” of the operation of C, and accordingly, notwithstanding the absence of the eligibility to apply for temporary layoff benefits, 14,137,80 won by entering the “written request for temporary layoff benefits” in the above method.