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(영문) 서울북부지방법원 2014.06.03 2013고정2826

사기등

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

C around October 30, 2011, while working in the “E” operated by the Defendant in Pakistan as a printing machine, it was damaged by cutting the left hand.

Around March 15, 2012, the Defendant and C conspired with each other to determine the specific wage of C, and even though the expected wage was KRW 1.5 million per month, C prepared a joint and several statement with a daily wage of KRW 1.80,000 per month, and accordingly C submitted the above joint and several statement with a daily amount of KRW 1.80,000 per day at the high-speed branch of Korea Workers' Compensation and Welfare Service, located at the center of Ilyang-dong, Seoyang-gu, Seoyang-gu, 2012, and filed a false application for disability lump sum amount of KRW 1.80,00 on April 28, 2012 and received payment from the Korea Workers' Compensation and Welfare Service.

Summary of Evidence

1. C’s legal statement;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. A list of transactions by account;

1. Application of joint and several Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to facts constituting an offense and Article 127 (2) of the Industrial Accident Compensation Insurance Act (the point of receiving false insurance benefits);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. The defendant and defense counsel asserted that the defendant and defense counsel did not prepare a joint and several statement in the judgment, and that the above joint and several statement was forged.

The following circumstances acknowledged by the aforementioned evidence, namely, C, as to the process of the preparation of a joint and several sensting book, clearly states that the Defendant had been using dental treatment on the day, and that the Defendant had agreed to claim KRW 180,000 per day while communicating with hospital employees who assist in industrial accident treatment at the time when C was hospitalized in the hospital, and that the Defendant had agreed to claim KRW 180,000 per day.