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(영문) 서울남부지방법원 2017.09.08 2017고단1108
사기등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

2. Defendant B shall be punished by imprisonment for eight months.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

B is the representative of corporation E in Seo-gu Incheon, and Defendant A is known to Defendant B and for a long time, and was working as a working leader at the construction site of corporation E.

Defendants were willing to prepare documents as if they were economically difficult to Defendant A were working at the workplace of corporation E and to apply for medical care benefits.

On October 21, 2013, the Defendants submitted the “application for medical care benefits and business suspension benefits” under the name of the company E, which was prepared by Defendant A, around 13:00 on October 7, 2013, to the North Deputy Governor of the Victim Labor Welfare Corporation located in the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and the Incheon Labor Welfare Joint Office, as “ around October 13:0, 2013, Defendant A will keep away from a shooting bridge at a height of 1.2 meters from the Frest Work inside the Incheon Reinforcement-gun, Incheon, and submitted the “application for disability benefits” to the effect that the Defendants suffered disability due to industrial accidents as above on March 28, 2016.

However, in fact, Defendant A applied for medical care benefits, etc. as above, even though it was not an occupational accident while repairing the house of a mother-child's mother's family on October 7, 2013, even though it was not an occupational accident.

Defendant

A received 66,423,020 won as temporary closure pay from October 7, 2013 to March 28, 2016, 17,601,060 won as medical care pay, and 54,570,240 won as lump sum disability payment, and 138,594,320 won as temporary disability payment.

As a result, the Defendants conspired to deception the victim by deceiving the Corporation, and received the insurance benefits by falsity.

Summary of Evidence

1. Defendants’ legal statement

1. Requests for investigation, request for investigation - Requests for medical care benefits, etc. (P.13), requests for disability benefits (P.24), etc.;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Article 347(1) and Article 30 of the Criminal Act for criminal facts (including fraud, inclusive) of the pertinent Act, and the former Act on Compensation Insurance for Industrial Accidents (Act No. 1450, Dec. 27, 2016).

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