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(영문) 인천지방법원 2017.01.20 2016고단3172
사기등
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above penalties for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B is a person who operates E in the Dong-gu Incheon Metropolitan City D A-2, and the defendant A is an employee of the above E.

On March 15, 2014, at around 13:23, Defendant A conspired to receive industrial accident insurance benefits by pretending to receive industrial accident insurance benefits, even though Defendant A suffered injury, such as the left-hand light and the non-standing executive opening frame, etc., due to the decline from the toilet inside the house of Defendant A located on the first floor of Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

On March 17, 2014, the Defendants prepared an application for the amount of industrial accident compensation insurance benefits and the amount of compensation benefits and the amount of compensation benefits of KRW 16,223,200 for business suspension benefits under the name of Defendant A to the victim’s bank account (I) in the name of Defendant A, and had the victim pay KRW 19,094,860 for medical care benefits in the above H hospital as a lump sum disability, and had the victim pay KRW 19,094,860 for medical care benefits in the name of the victim.

As a result, the Defendants conspired to receive goods or to have a third party receive goods by deceiving the victim, and at the same time received insurance benefits by fraud or other improper means.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes governing applications for industrial accidents, relevant data, work sites for 119 emergency medical services, K Hospital medical records, and the insurance benefit ledger;

1. The Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 (the point of fraud) of the Criminal Act; Article 127(2) of the Industrial Accident Compensation Insurance Act; Article 30 of the Criminal Act (the point of fraudulent receipt of insurance benefits)

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. The Defendants: Imprisonment with prison labor;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the Social Service Order and the observation of protection: the Criminal Act.

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