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(영문) 대구지방법원 2020.11.26 2020고정1502

산업재해보상보험법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has been employed as a daily worker at the work site of the ground roof Corporation B in Yongcheon-si.

No person shall receive insurance benefits provided for in the Industrial Accident Compensation Insurance Act by false or other unlawful means.

Nevertheless, on or around November 9, 2018, the Defendant received losses from the above work site on the grounds of the above accident, and applied for industrial accident compensation benefits, such as temporary layoff benefits, to the Victim's Workers' Compensation and Welfare Service on the ground of the above accident. The Defendant submitted an application stating that “the daily amount of KRW 2.50,000 per day” was “the daily amount of KRW 2,50,000 per day” to the victim at the above work site and submitted an application stating that “the daily amount of KRW 2,50,000 per day” was “the daily amount of KRW 3,960,250,000 per day” around December 12, 2018; around 3,704,750, KRW 3,750; KRW 3,960, KRW 250; KRW 3,000 on August 8, 2019; KRW 30,31,519,719,416, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to C and D;

1. Request for investigation and documentary evidence;

1. Application of investigation report (a specified method per day at the time of the industrial accident), investigation report (A specified method of deceitation due to the violation of the Industrial Accident Compensation Insurance Act) and statutes;

1. Article 127 (2) 1 of the Industrial Accident Compensation Insurance Act and selection of fines concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, received insurance benefits in total of 45 million won by filing an application for industrial accident compensation insurance money and stating daily allowances in falsity.

(2).