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(영문) 서울남부지방법원 2016.10.14 2014고정3378
사기미수
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From July 2013 to August 2013, the Defendant was an employee of E, a collaborative company for treatment and construction construction at a D construction site.

In spite of the fact that the Defendant did not have suffered from an accident at D’s work, he/she visited the Incheon North Deputy Governor of the Korea Workers’ Compensation & Welfare Service, which was located in Bupyeong-gu, Bupyeong-gu, Incheon Metropolitan City on January 29, 2014, in order to receive industrial accident compensation insurance and temporary disability compensation benefits by using the escape certificate of an estimated signboard, which is an existing disease, and visited him/her within D around August 22, 2013.

Daba

The "" submitted an application for industrial accident compensation insurance, medical care benefits and temporary layoff benefits with contents, and by deceiving the Korea Labor Welfare Corporation to receive the amount of medical care benefits and temporary layoff benefits, but it did not bring about such intent with the non-approval of the Korea Labor Welfare Corporation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Part of the statement made by witnesses G in the second trial records;

1. Investigation Report (Submission of Materials by Complainant), - Notice on Decision on Medical Care Insurance Benefits, Opinion on Insurance Policy, and Request for Relevant Data, Medical Care Benefits and Application for Temporary Disability Compensation Benefits, Opinion on Industrial Accident Compensation Insurance, A’s Confirmation, Notice of Application for Medical Care Benefits, Notice of Application for Medical Care Benefits

1. Relevant Article 352 of the Criminal Act and Articles 352 and 347 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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