국민기초생활보장법위반
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the court below acquitted the defendant on the charge of receiving wages above the minimum wage under the organization agreement, although the court below found the defendant not guilty. Thus, the court below erred by misunderstanding the facts.
2. Determination
A. The summary of the facts charged in the instant case is that the Defendant was selected as a recipient of basic living benefits under the Basic Livelihood Security Act from February 19, 2013 and received living benefits and housing benefits from the Suwon Office.
A recipient of basic living benefits shall not receive benefits by deceit or other unlawful means, and when income, property, work ability, employment status, etc. are changed, he/she shall report it to the competent livelihood security agency without delay.
On October 18, 2013, the Defendant received KRW 468,460 as residential benefits and living benefits from the head of Si/Gun/Gu office around October 18, 2013 in an unlawful manner, and received KRW 6,785,370,00 in total, as indicated in the attached list of crimes, from around around 2015 to June 2015, the Defendant received KRW 6,785,370, as stated in the attached list of crimes.
As a result, the Defendant, by omitting a report on actual income, was willing to maintain the eligibility of a beneficiary and receive related benefits.
B. In full view of the evidence duly admitted and examined by the lower court, the lower court determined that the Defendant was on board C from October 2013 to September 27, 2014, but omitted a report on the fact, although it is recognized that the Defendant was on board C and D, and from June 1, 2015 to June 27, 2015, the evidence submitted by the prosecutor alone was paid by the Defendant on board C and D, and the paid benefits were paid to the extent to suspend all or part of the benefits under the National Basic Living Security Act.