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(영문) 대전지방법원 논산지원 2019.03.19 2018고단567

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 6, 1976, the defendant filed a resident registration report with A in the office of Dong Dong-gu Incheon Metropolitan City, and around August 23, 1989, the defendant filed a double resident registration report with D in the office of Dong-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City.

On December 13, 1989, the Defendant married under the name of D and had a person responsible for supporting, despite having a person responsible for supporting, was able to receive the national basic livelihood benefits using the name and resident registration number of A who did not have a person responsible for supporting.

Around January 2009, the defendant applied for livelihood benefits and housing benefits to a public official in charge of national basic livelihood benefits in the name of the defendant, who is a citizen in 210 o-gil 9, 210.

From March 20, 2009, the Defendant received 583,430 won for livelihood benefits and housing benefits in the name of a post office account (E) in the name of A around March 20, 2009 to May 20, 2013, and acquired 21,451,90 won in total on 93 occasions for livelihood benefits and housing benefits as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes on the payment of individual benefits;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The conditions for sentencing under Article 62(1) of the Act on the Suspension of Execution are two times that the previous case exists, the circumstances that are favorable to the failure to return the illegally received benefits: The defendant seems to reflect his/her mistake, and the defendant seems to have lived faithfully after his/her previous offense, and the defendant's age, character and conduct, environment, criminal records, criminal records, circumstances after his/her crime, and all the conditions for sentencing specified in the arguments of this case, such as