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(영문) 수원지방법원 2018.09.20 2018고단3418
사기등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a person who operates the “D” in the Sinsung City with the birthee B.

On October 25, 2012, while the Defendant was engaged in salvage work for cargo 25t car cars in front of the road in Sungsung City, the Defendant suffered injury, such as flaver puling, etc., due to the occurrence of an accident where the Defendant driven by the Defendant, which led to the injury of the Defendant, by applying for industrial accident insurance benefits, such as care benefits, suspension of business, disability lump sum payment, etc., to the Victim Labor Welfare Corporation, while driving as if the Defendant was a worker of the aforementioned “D,” and serving as such, the Defendant was willing to receive the said insurance benefits.

Around November 9, 2012, the Defendant was issued KRW 56,382,320 from December 7, 2012 to February 13, 2015, a total sum of KRW 56,382,320, 320, as indicated in the attached Table of Crimes, for the purpose of medical care benefits, suspension of business, and lump sum payment on disability, etc., as indicated in the attached Table, by submitting a false labor contract, employment report, and statement, etc. to a person in charge of personal affairs, as if the Defendant was a worker of D, as if the Defendant was a worker of D.

As a result, the Defendant received insurance benefits by fraud or other improper means, and simultaneously received property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement of the police statement related to G;

1. A written request for investigation by the president of the Labor Welfare Corporation;

1. Investigation report (to hear statements from persons in charge of the payment of medical care benefits);

1. Application for benefits for medical care or business suspension, a written statement, a statement, a labor contract, a worker's employment report, calendar and note, each written answer, a report on illegal receipt of benefits, the confirmation of the correction of the payment of insurance benefits, the source of confirmation of the payment of benefits, the detailed inquiry of the ledger of benefits, the ledger of insurance benefits, and the details of account transactions,

1. The relevant Article of the Criminal Act concerning the crime;

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