All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The prosecutor’s grounds for appeal (legal scenario) received false insurance benefits by repeatedly applying for insurance benefits under the same occupational accident under the same criminal intent with respect to the Korea Workers’ Compensation and Welfare Service, which is the same victim. Therefore, the fraud that received insurance benefits under the Industrial Accident Compensation and Compensation Insurance Act constitutes a single comprehensive crime.

Nevertheless, the lower court determined that the statute of limitations has expired for each fraud of receiving medical care benefits, temporary layoff benefits, etc. from May 16, 2006 to October 2, 2007, by deeming that there exists a concurrent relationship between frauds according to the type of the insurance benefits received and the time interval between the payment dates, and thus, rendered a judgment of acquittal.

Therefore, the court below erred by misapprehending the legal principles as to the number of crimes.

B. Defendant 1’s grounds for appeal pointing out misunderstanding of facts 1) Defendant B (hereinafter “B”)

(2) While working as an employee on April 8, 2006, there was no false application for insurance benefits to the Korea Workers' Compensation and Welfare Service because of an injury such as brain dust, etc. However, there was an error in the judgment of the court below that the Defendant deceptioned the Korea Workers' Compensation and Welfare Service to acquire insurance benefits and committed an offense of violating the Industrial Accident Compensation Insurance Act. (2) The sentence of imprisonment (one year and four months) sentenced by the court below is too unreasonable.

2. Determination

A. In light of the record of the prosecutor’s assertion of misapprehension of the legal principles, medical care benefits provided by the Defendant from the Korea Workers’ Compensation and Welfare Service Article 40 (Medical Care Benefits) 1 of the Industrial Accident Compensation Insurance Act shall be paid to the employee when the employee was injured or affected by

Article 52 (Temporary Disability Compensation Benefits) of the Industrial Accident Compensation Insurance Act is injured or affected by a disease due to business reasons.