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(영문) 창원지방법원 진주지원 2014.07.17 2014고정212

사기등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall receive the cost of living assistances, etc. or allow any other person to receive the assistances by deceit or other unlawful means.

On October 4, 2007, in order to enable the defendant's mother B to receive the cost of living benefits, etc., the defendant living together with the defendant, although he did not meet the requirements for the supply of the cost of living benefits, he submitted various documents necessary for the confirmation of property relations, including the application for the cost of living, to the public official in charge, as he did not meet the requirements for the supply of the cost of living benefits.

The Defendant received delivery of KRW 12,280,550,000, in total, from November 2007 to April 201, 2013, of KRW 25,100 to KRW 380,960 each month.

Accordingly, the defendant received property by deceiving the victim at the same time with receiving the cost of living by unlawful means.

Summary of Evidence

1. Defendant's legal statement;

1. Details of the payment of the basic living assistances B;

1. Guarantee of beneficiaries of welfare services / An application for benefits;

1. Free lease certificates, etc.;

1. Application of agricultural bank account number statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense, Article 49 of the National Basic Living Security Act (a point of receiving illegal benefits);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for more severe fraud);

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;