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(영문) 인천지방법원 2020.11.20 2020고단8069
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B is a person who operates D, a cargo transport company, in Yeonsu-gu Incheon Metropolitan City, and Defendant A is a land owner who entered into an entry contract with the foregoing company on January 3, 2019.

On February 19, 2019, the Defendants conspired to receive medical care benefits by filing an industrial accident application with a false worker even though Defendant A is not a branch owner of the company, but is not a stock company D.

Accordingly, around February 3, 2019, the Defendants falsely prepared an application for medical care benefits and temporary disability compensation benefits as if Defendant A received KRW 2010,000 from around January 3, 2019 to served as an employee in the said company, and submitted it to the Korea Workers' Compensation and Welfare Service on February 22, 2019 and then submitted it to the Korea Workers' Compensation and Welfare Service (Korea Workers' Compensation and Welfare Service) on or around May 17, 2019 to the F Hospital for medical expenses as indicated in the attached list of crimes, including that the Defendants would have the victim pay KRW 53,000 to the F Hospital for 23 times in total from around that time until October 1, 2019, or received payment from Defendant A as an enterprise bank account (G) in the name of Defendant A.

As a result, the Defendants conspired to acquire property by deceiving the victim, and received insurance benefits by fraud or other improper means.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application for medical care benefits and temporary layoff benefits (request), report on the formation of the industrial accident insurance relation, industrial accident inspection table, wage ledger, written opinion of the policyholder confirmation of actual status of the workplace, employment contract, and register of automobiles: Application of statutes;

1. Defendants of the pertinent legal provisions regarding criminal facts: Article 347(1) of the Criminal Act; Article 30 of the Criminal Act (including fraud, including fraud).

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