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(영문) 인천지방법원 2013.12.04 2013고단3437
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2012, the Defendants submitted a false employment contract to the Seoul Northern Province Governor of the Korea Workers' Compensation & Welfare Service, the fifth floor of 307 Mabro Building, and to the public official in charge, “B employed A as a dump truck driver, and as A was affected by an occupational accident, A would be able to pay the industrial accident insurance premium.”

However, the facts are that Defendant B did not have employed Defendant A, and Defendant A was an individual operator who drives dump trucks.

Nevertheless, the Defendants, from the victim’s country on November 29, 2012, KRW 980,000 for temporary layoff benefits, KRW 3.85 million for temporary layoff benefits around November 30, 2012, KRW 549,630 for medical care benefits around December 6, 2012, KRW 1.477 million for temporary layoff benefits around December 21, 2012, KRW 1.333 million for temporary layoff benefits around January 10, 2013, KRW 210,000 for temporary layoff benefits on January 14, 2013, and KRW 5.5 million for disability lump sum on January 25, 2013, respectively, were transferred to Defendant A’s bank account.

As a result, the Defendants conspired to attract the victim to receive the total amount of 13,889,630 won.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on employment contracts, medical care benefits and temporary layoff benefits, applications for requests for investigation cooperation, replys, written confirmations, written confirmations by business owners, and details

1. Relevant Articles of the Criminal Act and the Defendants who choose to commit the crime: Articles 347 (1) and 30 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act (see the following grounds for sentencing)

1. Probation and community service order Defendants: The reasons for sentencing Article 62-2 of the Criminal Act should be strictly punished in that the Defendants received medical care benefits and temporary disability compensation benefits by attaching false labor contract form.

However, in the case of Defendant B, the Defendants led to the confession of the crime of this case and repented of mistake, Defendant A paid some of the money to the Korea Labor Welfare Corporation, and Defendant B paid the same kind of money.

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