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(영문) 서울남부지방법원 2017.01.26 2015노1655
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. At the time of the instant accident, the Defendant had a general responsibility for the meeting of the representatives of occupants of C Apartments (hereinafter “council of occupants’ representatives”) at the time of the instant accident.

At the request of residents, the Defendant and D, E, and J did not seek a person while trying to rescue a person, and received KRW 400,000 per day from the Defendant and D, E, and J, and received 40,000 won as a daily work, and had a variety of spacing work.

D. E, after the accident, the defendant was suffering from boomed as a daily day at the time when the defendant was in a hospital.

One is a false statement.

The defendant tried to ask the Seoul Vice-Governor of Seoul Labor Welfare Corporation about whether the defendant's fraudulent act would receive a daily allowance while in the hospital and would not receive an application for industrial accident insurance. The above branch did not have an industrial accident insurance and the workplace is not covered by the industrial accident insurance, and the defendant would be able to file an application for medical care benefits while submitting an application for industrial accident insurance benefits.

Accordingly, the Defendant stated the basic matters in the form of a medical care benefit application and asked D and E to submit an application to the Labor Welfare Service along with the first medical opinion, and D and E prepare a report on the establishment of the insurance relationship and a confirmation of the actual condition of the workplace where the insured accident occurred, and submitted the application to the Labor Welfare Service along with the application for medical care benefits.

D and E, even though they prepared a report on the formation of an insurance relation and a certificate of the actual condition of the workplace where the non-Joining accident occurred, they make a false statement with the reversal of the statement in the original trial or not with their writing.

Therefore, the facts charged that the defendant, even though he was not a worker, applied for the amount of industrial accident insurance benefits in a false manner and received the insurance benefits are wrong.

The court below's decision is based on whether a person receives KRW 100,000 per day prior to the performance of the taking-off work, and the preparation of documents related to the application for the payment of insurance benefits.

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