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(영문) 대구지방법원 서부지원 2013.10.22 2013고단1063
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

The defendant is the president of the Dental Institute in Daegu-gu, and is the representative of a vocational training institution which has entered into a contract with the Korea Labor Welfare Corporation.

If an industrial accident worker is receiving a vocational training from a vocational training institution and the attendance rate is not less than 80/100, the Korea Labor Welfare Corporation shall pay an industrial accident worker a vocational training allowance equivalent to the minimum wage for the period during which he is unable to be employed due to the vocational training, and pay the vocational training

The Defendant abused the aforementioned system for vocational training allowances and vocational training expenses, and conspired with the aforementioned workers by pretending that the attendance rate is at least 80/100 by manipulating the attendance rate, even if the attendance rate is less than 80/100 due to the Defendant’s lack of normal attendance at the Defendant’s private teaching institute, the Defendant, who is an industrial accident worker, was entitled to receive vocational training allowances and vocational training expenses from the Victim’s Workers’ Compensation and Welfare Service.

Industrial accident E was the defendant's attendance rate of less than 50/100 every month.

Nevertheless, on November 12, 2012, the Defendant: (a) operated the Defendant’s private teaching institute in the workplace of industrial accident workers E; (b) pretended to have attended at least 80/100 of the Defendant’s private teaching institute vocational training process during the recent month; and (c) by facsimileed the adjusted attendance part to the Victim’s Rehabilitation Compensation Department; and (d) claimed vocational training allowances and vocational training expenses from the Victim’s Workers’ Compensation & Welfare Service; (b) thereby, the Defendant was transferred KRW 1,135,840 on the same day from the Victim’s Compensation and Welfare Service to the deposit account in the name of the said E; and

As between April 25, 2012 and January 10, 2013, the Defendant, including this, shall sum up vocational training allowances from the Korea Workers' Compensation and Welfare Service by the same method over 45 times in total, as shown in the attached list of crimes.

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