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(영문) 수원지방법원 2017.09.06 2016고단2991
사기
Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year, and by imprisonment with prison labor for one and half years.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

C It is the head of J Co., Ltd. (hereinafter referred to as the “J”), the owner of I 9.5 tons of truck, the representative director of K Co., Ltd. (hereinafter referred to as the “K”) in the same B, and A, the same type of J, which belongs to the place of business of Einization and has transported showers, etc. to the above truck at the request of the company.

Defendant

C around 03:20 on July 9, 2010, at the port of loading and unloading of M in Ma in Masung L, when the above A did not subscribe to industrial accident insurance, it is anticipated that he was hospitalized in a heavy body, such as snow peas, in need of approximately 14 weeks of treatment due to the accident caused by the said A and his family members, and thus, it would be expected that a large amount of expenses would be paid due to medical expenses, etc., for the treatment of the medical expenses, etc. from the above A and their family members. On August 20, 2010, the above K representative director, who is the cooperation company, called the above K representative on the first day of the first day, requested the industrial accident insurance policy to be changed by making it as if he was an employee belonging to the above K.

Defendant

B Upon the request of the above C, at the office located in the Guro-gu Seoul NN building 302, A is working as an employee of K and prepares a false labor contract, a disaster confirmation, an application for medical care, etc. as if the accident occurred during the loading and unloading work, and submitted the above employment contract, etc. on August 13, 2010, to an employee in the name of the branch office of the victim's Labor Welfare Corporation who is unaware of such fact, and A, despite being aware of the above fact, had the above applicant column, etc., directly sign the above medical care application form or had his family sign it

However, the above A was not an employee of K and was not entitled to industrial accident insurance benefits paid by the Labor Welfare Service because it was not covered by industrial accident insurance.

Nevertheless, the Defendants conspired to do so in successive order and deception the employees in charge of industrial accident insurance management, and the Defendants’ temporary shutdown benefits from the Labor Welfare Corporation on September 29, 2010.

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