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(영문) 수원지방법원 안양지원 2018.10.04 2018고단1249

사체유기등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On October 2017, the Defendant: (a) left the Defendant’s house located in the Manyang-gu B building in the Manyang-si B, and the Defendant’s house located in the Defendant’s house located in the Manyang-si; (b) left the Defendant’s house without following the procedure, such as filing a death report, even though he died; and (c) left the house her house after about 10 days.

On July 25, 2018, the Defendant: (a) at around 23:54 on July 25, 2018, at the time when the lease term expires, there is a concern that the fact may be discovered in the circumstances where the Defendant would be influenced; (b) at around 23:54, the Defendant laid the body with a lucin, vinyl, and blue tape, and then transferred the body to E in front

Accordingly, the defendant abandons the body.

2. The Defendant violated the National Basic Living Security Act, as the head of two-person household with the above D as a household member, has received living benefits, housing benefits, etc. in accordance with the National Basic Living Security Act.

On November 20, 2017, the Defendant received benefits of KRW 1,041,540 (based on a single-person household’s benefits of KRW 688,60), calculated on the basis of two-person households by concealing the death of D and receiving benefits of KRW 352,940,00.

In addition, from that time until July 20, 2018, the Defendant illegally received KRW 3,315,390 in total by the same method nine times, such as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the F or G police;

1. A statement of H and I;

1. Each investigation report (in relation to the amount of illegal receipt of a suspect, such as a statement by a public official in charge of welfare of the Jdong Office, interview with a doctor in charge of the changed person D, search for and investigation into neighbors, investigation of hospital treatment records of the changed person D, calculation of the amount of illegal receipt of demand and supply, and preparation of a list of crimes) shall apply to each investigation report;

1. Relevant Article 161 of the Criminal Act and Article 161 of the Criminal Act (1) concerning facts constituting an offense, and Article 49 of the National Basic Living Security Act (Unlawful supply of and demand for benefits, and choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing in Article 62(1) of the Criminal Act is against the law of suspended execution.