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(영문) 인천지방법원 2020.06.24 2019고단8247
사기등
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendants purchased the land in Incheon Spoman-gun, with Defendant A’s burden of purchasing the purchase fund, and purchased the land in the name of Defendant B with a bad credit standing relationship with Defendant A, to build a new building in the name of Defendant B on that ground, and to distribute profits generated from the operation of the party room, singing room, etc. with Defendant B’s investment funds.

On April 27, 2015, the Defendants purchased the above land in the name of Defendant B and commenced the construction of a commercial building on the said ground around December of the same year, and Defendant A was injured by part of the left hand hand hand over on the wooden cutting machine during the construction site on March 4, 2016.

The Defendants, as they were not the daily worker employed by Defendant A, were unable to receive the industrial accident compensation insurance benefits for the above injury. As such, the Defendants conspired to receive the industrial accident compensation insurance benefits from the Victim Labor Welfare Corporation.

Defendant

A around March 8, 2016, as if he was a daily worker of the new commercial building that he was employed by the Defendant B, A has prepared an application for industrial accident compensation insurance benefits in the column of the date of employment, stating as “the daily worker of the new commercial building that he was employed by the Defendant B,” “the worker engaged in other functions,” “the worker who is not a partner in the column of relationship with the policyholder,” and submitted the application for industrial accident compensation insurance benefits to the employee in charge, and Defendant B was the employer, and Defendant B prepared the standard employment contract on January 3, 2016 and the statement of payment of daily labor expenses to the employee who was employed by the Defendant A, and submitted it to the said employee.

Ultimately, the Defendants conspired in collusion to deceiving the victim as above, and the Defendants are 8,482,60 won in total, and 8,482,600 won in temporary layoff benefits on three occasions from March 28, 2016 to May 29, 2016, and 4,528,080 won in total, and 4,528,080 won in medical care benefits on six occasions from April 22, 2016 to August 3, 2016.

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