The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. First, as it constitutes a worker who is actually subject to insurance benefits under the Industrial Accident Compensation Insurance Act, the Korea Workers' Compensation & Welfare Service does not pay insurance benefits by deception.

Second, the defendant did not participate in the process of agreement with the bereaved family members, and there is no fact that the court below ordered co-defendant A, etc. to prepare documents, such as a labor contract, and there is no fact that there was no conspiracy

Third, even if the defendant participated in the process of paying insurance benefits.

Even if the Defendant was aware of the net K as an employee of H Co., Ltd. (hereinafter “H”), so there was no intention on the part of the Defendant.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (two years of imprisonment with labor for eight months) is too unreasonable.

2. Determination

A. (i) First, we examine whether the net K is an employee subject to insurance benefits under the Industrial Accident Compensation Insurance Act.

According to the evidence duly adopted and examined by the court below, it can be recognized that the deceased K acquired the digging pool of this case from M around the beginning of 2012 and did not complete the transfer registration of ownership to it, but it was owned by it. Around May 13, 2013, the deceased K entered into a lease agreement with H with the site manager at KRW 450,000 per day (the site manager at the site where H was represented) and the accident of this case occurred while driving the digging pool at the construction site of this case. According to the above facts of recognition, it cannot be deemed that the deceased K was engaged in work under the lease agreement with H and provided work in a subordinate relationship with the purpose of receiving wages, and therefore, it is scheduled to be eligible for insurance benefits under the Industrial Accident Compensation Insurance Act.