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(영문) 대구지방법원 2018.01.11 2016고단6659
산업재해보상보험법위반등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is an individual constructor, Defendant B is a person who builds and sells a house in the trade name of E.

Defendant

B subcontracted the part of 40,000,000 construction cost to Defendant A with respect to the new construction of the 4th floor above the F in Daegu Northern-gu, 2013.

On September 27, 2013, Defendant A, a subcontractor for new construction of the 4th floor building in Daegu Northern-gu, the main building owner of which Defendant B was constructed, conspired to receive medical care benefits by filing an application for industrial accident as a single worker, even though Defendant A was a subcontractor, in fact, was in need of medical treatment on the left part of the construction site at the construction site at the same time.

Accordingly, around October 5, 2013, Defendant A received KRW 180,00 per day from around August 5, 2013 to Defendant B as if he/she was a daily employee working in the said new construction work, the Defendants falsely prepared an application for the payment of medical care benefits and the payment of compensation benefits as if he/she were a daily employee. On October 21, 2013, the Defendants submitted the above “application for the payment of medical care benefits and the payment of compensation benefits” to the Daegu North Korean Vice Governor of the Labor Welfare Corporation as if he/she was a daily employee, and submitted the above “the above application for the payment of compensation benefits and the payment of compensation benefits” to the victim’s employee through the person in charge of the Victim’s Labor Welfare Corporation, who received the payment of KRW 2,207,520 from the victim on November 4, 2013, from around December 5, 2014, by deceiving or inducing the victim to receive the payment of compensation from the victim under the pretext of suspension or payment of compensation.

Summary of Evidence

1. Defendant A’s legal statement

1. Partial statement of the witness A;

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. Each prosecution with respect to G and H.

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