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(영문) 창원지방법원 통영지원 2018.04.11 2017고단1049
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 201, between January 11, 201 and the 30th of the same month, the Defendant was a person who had worked for the contact in E, and on April 14, 201, the Defendant planned to apply for industrial accident medical care benefits by arranging documents even if there was no method of proving that there was an industrial accident during the work in the above E, even if there was no witness even if he was in the process of the work in contact, and there was no method of proving that there was an industrial accident during the work in the above E.

In accordance with the above programme, the defendant was the employee volunteer in the above E’s workplace at the restaurant located in the Ma-si Roon on May 30, 2011.

F and G asked F and G to the effect that “it is necessary to have a witness’s statement for the management of industrial accidents, and there is no problem,” and upon receipt of a written statement from F and G to the effect that “the Defendant was present during the contact work on January 17, 201,” “the Defendant was present during the contact work on January 17, 201,” and submitted a written application for reimbursement of industrial accident medical care benefits to the Korea Workers’ Welfare Service branch office located in Tong Young-gu on May 13, 2011, which read “the Defendant was present during the contact work on January 17, 201,” accompanied by two copies of the said false statement.

As such, the Defendant, by deceiving the Victim Corporation, received the approval from the Victim Corporation on July 6, 201 after obtaining the approval of the industrial accident on July 1, 201 through July 22, 2013, received the industrial accident insurance proceeds of KRW 12,683,030,030 from July 11, 201 to July 22, 2013.

Summary of Evidence

1. The legal statement of the witness H and G;

1. Partial statement of the witness F;

1. Statement made by the prosecution against the F;

1. Statement made to I by the police;

1. A copy of an application for reimbursement of industrial accident insurance benefits, a copy of the application, the cause of the accident and a copy of the occurrence of the accident, a copy of the first diagnosis opinion, a copy of the witness’s statement, and a copy of the witness’

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