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(영문) 창원지방법원 2020.05.22 2019고단3965
산업재해보상보험법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant, at around 10:00 on August 18, 2018, faced with left hand, etc. and received a diagnosis of double water aggregate of 5 units, and applied for medical care benefits to the Korea Workers' Compensation and Welfare Service on August 23, 2018, and obtained approval for medical care benefits due to occupational accidents on September 10, 2018.

However, after the application for approval of an industrial accident, the Defendant received from October 1, 2019 to April 20, 2019 the monthly salary of three million won or three million won from D located in the window of Changwon-si, and did not have the eligibility to receive temporary layoff benefits.

around October 18, 2018, the Defendant prepared a false statement that he/she was unable to be employed for 31 days in the written application for temporary layoff benefits from September 18, 2018 to October 18, 2018, and that he/she was not paid benefits, and then sent the amount of temporary layoff benefits from September 18, 2018 to September 30, 2018 to the original branch of the Korea Workers' Compensation and Welfare Service through facsimile to the Defendant's agricultural bank account in the name of the Defendant (H). On the same day, the Defendant received the total amount of KRW 968,700, and KRW 1,341,290 from October 18, 2018 to October 18, 2018 to the Korea Workers' Compensation and Welfare Service (hereinafter referred to as the "Korea Workers' Compensation and Welfare Service") by means of unfairly receiving KRW 1,341,290 from the Korea Workers' Compensation and Welfare Service.

As a result, the Defendant received insurance benefits by fraud or other improper means.

Summary of Evidence

1. Defendant's legal statement;

1. As a result of an investigation report, amount of temporary layoff benefits and illegal gains, copies of an application for medical care benefits and temporary layoff benefits, written opinions of policyholders, copies of fact confirmations

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 127 (2) 1 of the Industrial Accident Compensation Insurance Act applicable to facts constituting a crime and Article 127 (2) 1 of the Act on the Selection of Punishment;

1. Article 62 (1) of the Criminal Act;

1. Order of community service;

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