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(영문) 수원지방법원 성남지원 2018.08.29 2018고단1203

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall receive the benefits provided for in the National Basic Living Security Act by deceit or other unlawful means, and anyone who receives the benefits of basic living security shall report to the competent livelihood security agency without delay when changes have occurred in income, property, ability to work, employment status, etc.

From September 12, 2007, the Defendant was designated as a person who has no ability to work due to a visual disability, etc., and received basic livelihood security benefits. On September 20, 2007, the Defendant received payment of KRW 25 million out of the loan amount of KRW 30.5 million until March 31, 2008, and the remainder of KRW 5 million until December 30, 2008, and the Defendant received payment of interest of KRW 5.5 million every month.

“In accordance with an agreement, income was generated from October 25, 2007, and from around May 2008, the nursing worker was engaged in the business from D Hospital, etc., and became earned income, as well as around June 30, 2008, there was a situation in which it is impossible to receive living benefits and housing benefits, etc. or to receive differential payments depending on income, such as stock transaction with funds received from mother and child care.

Nevertheless, the Defendant, at the Dongdaemun-gu Seoul Metropolitan Government E-dong Office on October 2007, without notifying the change in the above income and property, continued to submit a written diagnosis to the effect that the injured public official in charge of Dongdaemun-gu belongs to the Seoul Dongdaemun-gu and received KRW 372,928 basic livelihood security benefits around October 2007, and that he was paid KRW 372,928 on the basis of living security benefits around October 2007 from around October 2007 to December 20, 2017, without notifying the change in income and property as above, he was paid interest to another person’s account without notifying the change in the income and property, or made the balance in the Defendant’s name account into KRW 0,00, by continuously submitting a written diagnosis to the effect that the injured person has no ability to work, such as conducting the above business, or performing his nursing service.