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(영문) 춘천지방법원 2019.06.20 2019고단101

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, a citizen of the People's Republic of China, entered the Republic of Korea on November 21, 1993, and was living in the Republic of Korea on April 4, 1996, and acquired the nationality of the Republic of Korea under the name of "A" with the permission of naturalization from the Seoul Southern District Court on April 4, 1996. After then on October 9, 2009, the Defendant acquired the nationality of the Republic of Korea under the name of "B" with the permission of naturalization.

As above, the Defendant had the status of “A” other than the original status, and had the intent to apply for basic livelihood security benefits in the name of “C” and to receive them.

On May 14, 2010, the Defendant prepared related documents, such as “labor activities and income return,” in the name of “C” at the E community service center located in Mapo-gu Seoul, Mapo-gu, Seoul, and submitted them to the public official in charge and applied for basic livelihood security benefits.

However, at the time, the Defendant was living in F as “A” after naturalization, and as “C” was merely the double status of the Defendant, the Defendant was not entitled to receive the supply and demand under the National Basic Living Security Act.

Nevertheless, the Defendant, by deceiving a public official in charge of the foregoing, was selected as a basic livelihood recipient from the public official in charge, and then received housing benefits, livelihood benefits, and disability allowances, etc. from Mapo-gu Seoul Metropolitan Government from the victim on July 20, 2010, from around August 20, 2018, by deceiving the victims up to August 20, 2018, received a total of KRW 52,212,950 in total over 332 times, as shown in the list of crimes in the annexed list of crimes, and received a total of KRW 48,772,950 in total from 1 to 234 times in the annexed list of crimes by fraud or other improper means.

Accordingly, the defendant deceivings the victims to receive property, and at the same time benefits are provided by fraudulent or other illegal means.