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(영문) 인천지방법원 2014.06.26 2014고정760
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operated the “D” trade name in Seo-gu Incheon, and E, F, and G are those who operated a call delivery agency using the Obane of the delivery agency operated by the Defendant, and the Defendant was involved in an accident when the said E, etc. was involved in the delivery agency, and was in mind to apply for insurance benefits as he had been working as a staff member of the “D”.

Around June 27, 2011, the Defendant submitted a medical care benefit application stating as if it was incurred to the employee in charge of the application for benefits to whom the Defendant was in charge of the payment of benefits, to the employee in charge of the payment of benefits, on June 21, 2011, in relation to an accident that occurred due to the fact that the Defendant’s delivery was completed in the vicinity of the Seo-gu Incheon International Hospital, and the Defendant’s delivery was made to the employee in charge of the “D” in relation to the accident that occurred on the roads that the Defendant returned to the delivery.

However, the fact that the above E is a part-time recipient of delivery agency and was not an employee belonging to D.

On August 1, 201, the Defendant, in collusion with the above E, by deceiving the staff in charge as such, received KRW 720,00 from H as temporary layoff benefits, and acquired them by deceiving them as medical care benefits, by receiving KRW 868,940 under the name of the medical care benefits on November 3, 2011, and received false insurance benefits from then to June 21, 2012, as shown in the attached crime list, and received false insurance benefits.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A protocol concerning the examination of each police suspect against F and G;

1. Copy of the police interrogation protocol concerning E;

1. Application of Acts and subordinate statutes to each medical care benefits and temporary layoff benefits;

1. Article 347 (1) of the Criminal Act, Article 30 of the Criminal Act, Article 127 (2) of the Industrial Accident Compensation Insurance Act, Article 30 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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