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(영문) 서울북부지방법원 2017.06.14 2017고단516
산업재해보상보험법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for four months.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

1. No person who is a defendant shall receive insurance benefits by fraud or other improper means;

Nevertheless, the Defendant, as a vice governor of the Labor Welfare Corporation in the city of Jung-gu on March 21, 201, entered into a construction contract as an individual entrepreneur, and was at the second floor height of the building in Dongjak-gu Seoul Metropolitan Government on March 11, 2011 and felled into the floor during the signboard installation work, and was subject to accidents, such as bovine spongiformiform encephalopathy, two pyropsis, and the bruption, etc., while working for the daily workers of “G” operated by F (1.50,00 won per day) and “each joint and several books” written by F and the “Application for the Payment of Industrial Accident Compensation and Care Benefits” in the manner of “application for Industrial Accident Compensation and Care Benefits,” stating the false facts as if they were injured, and the “each of them” written by F, to the above Welfare Service, and received the total of KRW 37,47,438,46,370,475,378,475,370,47,475,37,47

2. Although Defendant B entered into a construction contract as an individual entrepreneur at the same date, time, and at the same place as set forth in paragraph (1), and completed the construction work, the Defendant applied for reimbursement of industrial accident compensation insurance benefits as if he was injured while working as an employee of “Company G,” which was operated by the Defendant, and aided the Defendant by facilitating the commission of the act by entering the application as if he was an employee belonging to the said G, in the column of confirmation of the business owner of “application for reimbursement of industrial accident compensation insurance benefits” and in order to assist the application for reimbursement of injury.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. A written request for investigation;

1. A medical care benefit application;

1. Each letter of solidarity;

1. Application of Acts and subordinate statutes of the Insurance Benefit Ledger;

1. Relevant legal provisions on criminal facts and the Defendants’ choice of punishment: the former Industrial Accident Compensation Insurance Act (amended by Act No. 14499, Dec. 27, 2016).

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