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(영문) 전주지방법원 군산지원 2017.01.11 2016고정120

국민기초생활보장법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall receive benefits by deceit or other unjust means from a person who has no person who has no person to be supported, or is unable to receive such support even if he/she has no person to be supported, and whose income does not exceed the minimum living cost, is a person who has the right to demand and supply under the National Basic Living Security Act, and no one shall receive benefits.

From November 23, 2006, the Defendant was determined as a recipient of basic livelihood security from military viewing and received living, residence, and medical benefits. From June 2014, the Defendant lived with C and maintained de facto marital relationship with C, and the Defendant had the ability to support as the captain. As such, the Defendant was obligated to report under Article 37 of the National Basic Living Security Act.

Nevertheless, the Defendant did not report de facto marital relations with the above C and received KRW 10,552,420,00 in total from Gunsan D to the Agricultural Cooperative Account (Account Number: E) in the name of the Defendant from Gunsan to June 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A written accusation;

1. A certificate to report on boarding of a seafarer;

1. Reports on business trips and reports on telephone conversations;

1. Answers to inquiries into the income and income amount;

1. Application of each statute on photographs;

1. Article 49 of the relevant Act on criminal facts and Article 49 of the former Basic Living Security Act (amended by Act No. 12933, Dec. 30, 2014); the selection of fines for the crime

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant and the defense counsel regarding the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order: (a) the Defendant did not receive the benefits by “a fraudulent or other unlawful means”; (b) did not intend to do so; and (c) under the National Basic Living Security Act, there was no separate penal provision on the violation of the duty to report under Article 37 of the same Act; and (d) the Defendant merely violated the duty