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(영문) 대구지방법원 2015.09.08 2015고단1359
산업재해보상보험법위반
Text

1. The Defendants shall be punished by imprisonment with prison labor for ten months.

2.Provided, That with respect to Defendant B, the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A around June 30, 2014, by acquiring 1/2 shares of H workplace located in Daegu Northern-gu G from F in the amount of KRW 58 million and operating the said workplace with F and the same workplace as F and the same workplace. Defendant B is a person who provided the above acquisition fund for Defendant A.

On July 31, 2014, at around 10:25, Defendant A suffered from an injury, such as a fall accident, due to the fall accident, etc., Defendant A had the intent to apply for the payment of industrial accident insurance compensation falsely to the Korea Workers’ Compensation and Welfare Service, as it is deemed that Defendant A was a daily worker employed by the said workplace.

Accordingly, around August 2, 2014, Defendant B was employed by Defendant B as “so-called so-called So-called so-called online set-called “so-called online set-off” from July 28, 2014 to July 31, 2014 by taking advantage of the head of the said place of business, which was held by Defendant A at the Daegu-gu East-gu District Hospital, and received KRW 480,000,000 from Defendant A’s account as if he received daily allowances. On August 11, 2014, the Defendants prepared one copy of the daily employment contract as above. The Defendants filed a false application for medical care benefits and temporary disability compensation benefits with the person in charge of industrial accident compensation on the first floor of the said hospital, and received KRW 8,216,80,800,80,914,601,530,571,500 won from the Korea Labor Welfare Corporation’s account under the name of Defendant A as above.

As a result, the Defendants conspired to receive insurance benefits by fraud or other improper means.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of I and F;

1. National Pension ( Four Insurance Applications), Four Insurance Qualifications Statement, Confirmation of Actual Conditions of Business, Computerized Settlement of Insurance Proceeds, Medical Care Benefits and Temporary Disability Compensation Benefits, Commercial Accident Compensation Insurance Application, Commercial Accident Compensation Insurance, Employment Contract, Business trip Survey Report, Business Partnership Report, Account Details (A), Receipt, and Account Details;

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