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(영문) 부산지방법원 2015.07.22 2015고정2132
사기등
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in daily work, and Defendant B is the owner of the site of neighborhood life and multi-household construction work in Busan-gun C.

Defendant

A had been working as a part of the construction site at the above site.

1. 사기 피고인 A는 2014. 1.29. 13:30경 부산 금정구 D에 있는 E 창고내 판넬 사무실 신축공사현장에서 글라인더로 판넬 절단 작업을 하던 중 그라인더가 기물에 걸려 오른팔 쪽에 튕기면서 우 전박부굴곡부 심부열상 등의 상해를 입었다.

However, the above construction site is unable to receive insurance money due to non-purchase of industrial accident insurance, and the defendant A in collusion with the defendant B to work at the construction site located in the above Gun where the defendant B is the owner of the above construction site.

The year from February 25, 2010 to February 25, 2014, after preparing an application for false medical care benefits and the written opinion of the business owner, and submitting it to the Korea Workers' Compensation and Welfare Service,

6. 23. Temporary layoff benefits: 9,632,350 won, and the same year from March 25, 2014;

7. By 23. A total of 17 times, the sum of KRW 5,433,660 in medical care benefits and KRW 53,238,90 in lump sum of disability benefits and KRW 68,304,910 in the amount of disability lump sum.

2. No person who violates the Industrial Accident Compensation Insurance Act shall receive false insurance money, etc.;

Nevertheless, Defendant A received the total amount of KRW 68,304,910 in the same unlawful manner as in the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written accusation, application for medical care benefits, and employer’s opinion;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Defendant A of the pertinent legal provision on criminal facts: Articles 347(1) and 30 of the Criminal Act (Fraud) and Article 127(2) of the Industrial Accident Compensation Insurance Act (the point of unlawful receipt of insurance money): Articles 347(1) and 30 of the Criminal Act;

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of each alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment:

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