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A defendant shall be punished by imprisonment for not less than eight months.
except that 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 the actual operator of C corporation located in Seo-gu Incheon, Seo-gu.
Insurance benefits under the Industrial Accident Compensation Insurance Act shall be paid to a worker in the event of an injury, disease or disability caused by an occupational accident, and no person shall receive insurance benefits by fraud or other improper means.
On March 31, 2014, at around 17:50, the Defendant: (a) received medical care benefits and temporary disability compensation benefits from alcohol disease to the left-hand side, by reporting the occupational accident to the Korea Workers’ Compensation and Welfare Service, after having been suffering from the Defendant’s outbreak; (b) the Defendant was not an employee of the aforementioned workplace; (c) the Defendant was an employee of the said workplace; (d) on April 17, 2014, the Incheon North Vice Governor of the Korea Workers’ Compensation and Welfare Service, located in Bupyeong-gu, Incheon, Seo-gu, Incheon on April 17, 2014; and (d) submitted an application for the daily labor expense payment statement, medical care benefits and temporary disability compensation benefits and temporary disability compensation benefits, which were falsely prepared by the Defendant to be employed in C on the date of the said injury; and (d) received insurance benefits from the Korea Workers’ Compensation and Welfare Service on May 8, 2014 in an unlawful manner and received them from the Korea Workers’ Compensation and Welfare Service by transfer of KRW 1,56370 days and temporary disability benefits.
Accordingly, the Defendant received a total of 39,277,860 won by illegal means.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. An application for medical care benefits, a copy of payment record of daily labor cost, certificate of full registered matters, and business registration certificate;
1. A copy of an emergency center medical records, and a copy of an application for medical care additional thereto;
1. A Application of A’s Deposit Transaction Document Act 1.