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(영문) 부산지방법원동부지원 2020.11.06 2020고정506
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall receive insurance benefits by fraud or other improper means.

The Defendant, from July 11, 2018 to July 13, 2018, is a person who served as a daily worker in “C” in “Co., Ltd. located in Kimhae-si, and D is a person who operates the said Co., Ltd.

On July 13, 2018, while the defendant was engaged in grass beer work in the E-Japan in Kimhae-si on July 13, 2018, the defendant suffered occupational accidents such as injury on the left side of the defendant's left side by shocking the upper side of the Dong debt, which was engaged in work together.

Accordingly, the defendant and D have repeatedly gathered that the daily wage of daily workers is calculated on the basis of the average wage in the case of temporary disability compensation benefits among industrial accident insurance benefits, and the daily wage of daily workers is calculated on the basis of the daily wage (0.73) so that the defendant falsely reported the daily wage of the defendant and made the defendant receive excessive industrial accident compensation insurance money.

On July 27, 2018, the Defendant submitted an application for medical care benefits and temporary disability compensation benefits related to industrial accident compensation insurance to the Yangsan-si Seoul Labor Welfare Corporation located, and D submitted a standard labor contract stating that the Defendant’s wage is KRW 200,000 won daily wage through facsimile to the Yangyang-si Seoul Labor Welfare Corporation on July 31, 2018 and a statement of payment of daily labor costs on July 2018.

However, in fact, the Defendant did not conduct the draft work using the front equipment at the site, and performed the work of cutting the remaining grass by cutting oil and water, and the daily wage was KRW 1.50,000 per day, and the above standard labor contract and the payment record of daily labor cost were false documents.

The Defendant’s deception as above is based on the average wage of KRW 146,00,00 calculated by calculating a daily wage of KRW 200,000,000 from a person in charge of the victim’s failure to obtain the name of the Korea Workers’ Compensation and Welfare Service, as the temporary layoff benefits around August 7, 2018.

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