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(영문) 서울중앙지방법원 2014.05.01 2014고단1023
사기
Text

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

except that 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

From March 11, 2002 to August 6, 2013, the Defendant was in charge of the duties such as benefits, welfare benefits, etc. at the Health Insurance Review and Assessment Service C, which is located under Seocho-gu Seoul Seocho-gu Seoul, Seocho-gu, Seoul.

The Health Insurance Review and Assessment Service shall calculate the interim amount of retirement pay based on the average wage for the three months immediately preceding the interim settlement when the period of service has been five years or more or when five years have passed since the immediately preceding interim settlement date applies for interim settlement of retirement pay.

The Defendant, with the knowledge that the electronic public notice of “request for interim settlement of retirement allowances” cannot be properly examined whether the person subject to interim settlement of retirement allowances or the amount of interim settlement of retirement allowances even if he/she falsely enters the electronic public notice of “request for interim settlement of retirement allowances” in the form of obtaining approval of “request for interim settlement of retirement allowances” by means of falsely stating the amount of interim settlement of retirement allowances under the Defendant’s and workplace pay D, with the intent of receiving money as interim settlement of retirement allowances by means of receiving false statement of the amount of interim settlement of retirement allowances.

On July 15, 2010, the Defendant received KRW 17,51,870 as the interim settlement of retirement pay for the continuous service period from February 11, 2002 to December 31, 2007, the Defendant was not a person subject to interim settlement of retirement pay since five years have not passed since it received KRW 17,551,870 as the interim settlement of retirement pay for the continuous service period from February 11, 2008, and the Defendant’s average wage was 3,209,940 won. However, the Defendant’s interim settlement of retirement pay for the aforementioned continuous service period was calculated repeatedly for the continuous service period from March 11, 2002 to December 31, 2009, the Defendant’s interim settlement of retirement pay for the interim settlement of payment of KRW 25,89,800 for the interim settlement of retirement pay for the second period from March 11, 2002 to December 31, 2009.

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