Defendant

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

However, this judgment is delivered against Defendant B.

Punishment of the crime

Defendant

A is the actual operator of “E”, a contractor for the installation of steel structure, and Defendant B is the vice head of “F”, and Defendant A supplied sewage from “H”, the recipient of the construction of steel structure among “G” performed by the contractor on January 2010.

Insurance benefits under the Industrial Accident Compensation Insurance Act are paid not only to the original contractor but also to all workers within the workplace, such as sewage workers and the subcontractor workers. However, the above worker refers only to those who provide labor to an employer in a subordinate relationship for the purpose of wage. As such, a non-worker is not entitled to receive insurance benefits by fraud or other improper means.

The Defendants, at around 10:10 on March 10, 2010, Defendant A felled into the lower floor below 5 meters while Defendant A engaged in the installation of steel-frame structures, and suffered injury, such as the left-hand bridges, and conspired to receive industrial accident compensation insurance benefits, under the premise that Defendant A was the head of the steel-frame belonging to the above H, and that Defendant A was the head of the steel-frame group.

Defendant

B around March 15, 2010, from the above F in the Namdong-gu Incheon Metropolitan City, Defendant A was the head of the steel frame belonging to H and constitutes a recipient of industrial accident compensation insurance. Around March 15, 2010, Defendant A submitted an application for medical care benefits, etc., stating the purport that Defendant A was a worker belonging to the above F, to the company of the Workers’ Welfare Service.

Defendant

On April 22, 2010, A submitted a written claim for the payment of disability benefits due to the fall accident to the Senior Regional Headquarters of the Victim Labor Welfare Service located in the Nam-gu Incheon Metropolitan City, Nam-gu, and submitted a written claim for the payment of disability benefits due to the fall accident to the said Senior Regional Headquarters on December 8, 2011.

However, as above, Defendant A suffered an injury while working as a sewage supplier rather than a worker at the above construction site.