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(영문) 서울중앙지방법원 2018.08.24 2018고단4114
산업재해보상보험법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is aware of the fact that the procedure for purchasing industrial accident compensation insurance is simple, and in the case of external accidents, insurance money is easily paid without a detailed accident investigation by the Labor Welfare Corporation. The defendant is aware of the fact that industrial accident compensation insurance money is acquired from D and the Victim Labor Welfare Corporation.

On December 28, 2011, the Defendant, along with D, pretended to be employed by the Defendant for an industrial accident compensation insurance, subscribed to an industrial accident compensation insurance, and was hospitalized in an officetel located in the area of not more than Man-dong, Nam-gu, Incheon, on December 29, the following day after the Defendant subscribed to an industrial accident compensation insurance. D injected an anesthesia into the Defendant’s left hand hand hand hand hand hand, and dump caused the Defendant’s left hand hand hand hand, and was hospitalized in the F hospital and received treatment.

On January 5, 2012, the Defendant: (a) around January 5, 2012, submitted an application for reimbursement of industrial accident compensation insurance benefits to the Victim Labor Welfare Service, as if he was found to have been able to perform the Defendant’s work; (b) even though D intentionally caused the Defendant’s de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto denotation of the Defendant’s left hand, which is 16

The Defendant, in collusion with D, deceiving the Victim Labor Welfare Service as above, and received KRW 1,839,600 from the Labor Welfare Service for the purpose of suspending business on or around January 20, 2012, as well as receiving KRW 46,769,800 from around that time to May 24, 2012, and acquired money by obtaining delivery of KRW 46,769,80 as stated in the attached crime sight table, and received benefits for industrial accident compensation insurance by fraud or other improper means.

Summary of Evidence

1. Defendant’s legal statement

1. Investigative reports (A-related documents of the Labor Welfare Service for Korea) (applicable to statutes;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (in all together, the point of fraud) and Article 127(2)1 of the Industrial Accident Compensation Insurance Act (the point of receiving false insurance benefits);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes

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