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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, the court below found the defendant guilty on the ground that the defendant was not guilty on the ground that it is difficult to recognize the fact that the defendant was suffering from an industrial accident while working as a contractor for Multi-Mada stone in Korea, because he was a personal business owner who works as building stones and was awarded a contract for construction of building stones from the Korean Multi-Mada stone Co., Ltd. (hereinafter "Korea Multi-Mada stone"). The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case was that the Defendant, as a personal business owner who performs stone construction work, built the stone stone of the line C floor of subway No. 2 from the subway around July 31, 2009, and exceeded the stairs during cement transport and exceeded the right bridge.
At the time, the floor stone construction work carried out by the defendant was carried out in the order of D, D, D, D, D, D, D, and the defendant, and the defendant was not a worker but a disaster while carrying out the contracted work, there was no eligibility to receive insurance benefits under the Industrial Accident Compensation Insurance Act.
Nevertheless, the Defendant prepared a false document as if he were employed by being employed as a daily worker who works for 130,000 won or more per day on the Korean Multi-Da council building stones, and received an insurance benefit of 25,968,390 won in total from September 2, 2009 to February 19, 2010 by submitting a medical care application to the Sungdong branch of the Victim Labor Welfare Corporation on August 6, 2009, and received a medical care decision on August 31, 2009, and received an insurance benefit of 25,968,390 won in total from September 2, 2009 to February 19, 2010.
B. The lower court determined that the instant facts charged are proven for the following reasons.