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(영문) 수원지방법원 2014.09.04 2014고단3807

국민기초생활보장법위반등

Text

A defendant shall be punished by imprisonment for four months.

except that 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

From March 1, 2011, the Defendant received an average of KRW 800,000,000 from D High Schools located in Suwon-gu, Suwon-si, Scom Co., Ltd. as security guards each month and did not meet the criteria for eligibility of recipients under the National Basic Living Security Act and the Medical Care Assistance Act. However, the Defendant denied the supply of KRW 30,00,00,00,000, including the cost of living benefits of KRW 9,694,240,00 from March 24, 2011 to April 14, 2014, without reporting it to the competent authority.

Accordingly, the Defendant received medical benefits under the National Basic Living Security Act and the Medical Care Assistance Act, respectively, by fraud or other improper means.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 35 (4) 3 of the Medical Care Assistance Act, Article 49 of the National Basic Living Security Act, and the choice of imprisonment with labor for a crime;

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

1. Article 62 (1) of the Criminal Act (i.e., reflective points, primary points, and elderly points);