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(영문) 수원지방법원 성남지원 2017.04.14 2017고단400
산업재해보상보험법위반등
Text

Defendant

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

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

Reasons

Punishment of the crime

Defendant

B is a management director of the D Co., Ltd. in Gwangju City, and the defendant A is a construction worker of the said Co., Ltd.

Defendant

A In fact, regardless of the business affairs of the D Co., Ltd., Defendant B, upon Defendant B’s personal request on April 1, 2013, the Defendants were willing to apply for and receive industrial accident compensation insurance in the course of removing the packages of illegal buildings located in Gwangju City, Gwangju. However, the Defendants were willing to apply for and receive industrial accident compensation insurance benefits on the part of Defendant A while performing work at the construction site of the said D Co., Ltd.

Accordingly, around April 8, 2013, Defendant B moved to the above corporation’s office of the victim’s labor welfare service in the column of “A”, “A”, the cause of the accident, and the column of the situation of the accident” using the pipe in the column of “A”, “A”, around April 1, 2013, around 19:00 in Gwangju City, to move to the pipe from the field of the camping site, while there was a difference from the pipe in the process in which the pipe was cut down to the floor.

“,” the witness column written a false document and sent it by mail to the Labor Welfare Corporation.

As seen above, the Defendants deceptioned the Victim Labor Welfare Service, and were transferred KRW 12,672,450 from April 17, 2013 to April 17, 2014, to KRW 5,693,100, and the amount of disability lump sum KRW 11,473,00 from the Victim Labor Welfare Service.

As a result, the Defendants conspired to induce the Victim Labor Welfare Corporation to deliver a total of 29,838,550 won, and received insurance benefits in an unlawful manner.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. A copy of the report on investigation results;

1. Application of Acts and subordinate statutes governing the initial application for medical care benefits and the insurance benefit ledger;

1. Article 347(1) and Article 30 of the Criminal Act regarding facts constituting an offense (the fraud) of the pertinent Act, and Article 347(1) and Article 30 of the former Act on Compensation Insurance for Industrial Accidents (the fraud) of the same Act.

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