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(영문) 대구지방법원 2017.02.02 2016고단5754

국민기초생활보장법위반

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A defendant shall be punished by imprisonment for six 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

On November 20, 2013, the Defendant received a total of KRW 15,019,640 won from around 60 times from around 2016 to February 19, 2016 on the following grounds: (a) the Defendant received income of at least an average of at least 4,500,000 won on a monthly basis from around 4.5 million won, without reporting income in compliance with the criteria for eligibility of recipients under the Basic Livelihood Security Act for the People’s Livelihood Security Act; and (b) the Defendant received a payment of income equivalent to at least KRW 181,270 from the North-gu Office of Daegu Metropolitan City by failing to report income in compliance with the criteria for eligibility of recipients.

As a result, the Defendant received benefits under the National Basic Living Security Act by fraud or other improper means.

Summary of Evidence

1. Statement by the defendant in court;

1. Each reply notice (A supply and demand details, A basic supply and demand application documents), an application for social welfare services and a benefit application form, income and property report, an application form for employment ability assessment, a medical certificate for employment ability assessment, a written verification of the destruction of a motor vehicle, a photographic data, text messages, a statement of inquiry about fines for negligence, and a statement of account transactions;

1. A report on internal investigation (referring to the details of crackdown on unmanned vehicles and the inquiry of unmanned control pictures);

1. Each investigation report (in relation to the attachment of telephone conversations and account CDs, attaching D’s name bank account and NongHyup account transaction details managed by a suspect); and

1. Article 49 of the National Living Security Act and the choice of imprisonment, inclusive, with prison labor for the crime, comprehensively;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the case where the defendant omitted a report of income even though he/she has a considerable income and thus denied a residential benefit, etc., and the benefit period is long and the amount

However, there are other factors such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, circumstance after the crime, etc.