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(영문) 울산지방법원 2018.03.28 2018고정175

사기등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

No one shall receive benefits by fraudulent or other illegal means.

On October 24, 2016, while the Defendant was designated as a recipient of basic livelihood benefits and received basic livelihood benefits, the Defendant was employed as a Si-funded employee in Ulsan-si, Ulsan-si, Ulsan-si, and was paid wages of an average of KRW 1.5 million to KRW 1.5 million per month and KRW 2 million per month, and was aware that the monthly wage exceeds KRW 6,30,000,000 per month, the Defendant was willing to deny the payment of benefits by reporting his/her wages to the assistance agency, which knows that the monthly wage exceeds KRW 6,30,000,000 per month, and that it cannot receive benefits.

Accordingly, from November 10, 2016, the Defendant received 630,000 won from his own agricultural bank account (D) and 1,098,340 won (including KRW 1,00,000,000) from f30,000 in his own name E agricultural bank account (F). On December 12, 2016, the Defendant submitted a false “employment confirmation document” in the name of H representative of the Dispute Settlement Council Co., Ltd. to the effect that a public official who visits the G community service center in order to be unable to know the names of the victims of both cities is paid a daily wage of KRW 30,00 (630,000 per month) to a public official who visits the G community service center in order to receive a false wage of KRW 630,00 in the name of the victim.

Ultimately, the Defendant, as described in the attached Table of Crimes (I and II), by deceiving the victim as above, received KRW 3,691,080 on 12 occasions from the above day to October 20, 2017, by denying the supply of KRW 945,320, such as the basic living benefits (general) 802,320, and the basic residential benefits (monthly rent) 143,000, from the victim, from November 18, 2017, and received 3,691,080 on 12 occasions from the above day to October 20, 2017.

Summary of Evidence

1. Notification of the details of supply and demand based on national living security in the police interrogation protocol to the defendant's legal statement H (A)

1. Relevant legal provisions concerning criminal facts, Article 49 of the Act on the Guarantee of Basic Living of the People Eligible for the Selection of Punishment (comprehensive) and Article 347 (1) of the Criminal Act (comprehensive) and the selection of each fine;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment provided for more severe frauds) shall be imposed.