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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
On April 7, 2011, the Defendant, as the representative director of D Co., Ltd. (former E Co., Ltd.) located in E Co., Ltd. in E Co., Ltd. in E Co., Ltd. in E Co., Ltd. in E Co., Ltd., the Defendant applied for medical care benefits as if the Defendant F is under the direction of stairs during work at H site located in Chungcheongnam-gun, Chungcheongnam-gun, the construction site subject to the Industrial Accident Compensation Insurance on March 24, 2011.
However, in fact, on March 24, 2011, F is not subject to industrial accident compensation insurance, but subject to industrial accident compensation insurance, and it is not subject to industrial accident compensation insurance benefits, because F was crashed during the process of replacing the roof of J Clothing Burial and suffered injury, such as the right-hand chills.
On May 12, 2011, the Defendant, by deceiving the victim, had F pay 2,590,770 won for business suspension on May 12, 201, as well as 30,432,410 won in total, including 21,510,410 won in total, and 36,536,50 won in total, including disability benefits, and 88,479,320 won in total, as indicated in the list of crimes in the attached Table.
Accordingly, the defendant deceivings the victim and let the FF deliver the property.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to K in the police statement;
1. A written accusation;
1. The insurance benefit ledger;
1. Forwarding of first-aid patients, and destination of first-aid services;
1. Application of Acts and subordinate statutes to applications for medical care benefits;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In light of the fact that the reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the protection observation, and Article 62-2 of the Social Service Order: (a) Defendant filed a claim for insurance benefits by creating false documents in order to enable F to receive industrial accident insurance benefits; (b) the method of committing the crime is very poor; (c) the defrauded amount reaches 88,400,000 won; and (d) most of the amount of damage has not
However, the fact that the defendant recognized a mistake and reflects it, and 10 million won out of the amount of damage.