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(영문) 서울북부지방법원 2016.05.19 2016고단172

국민기초생활보장법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A person who has no person to be supported, or who has no person to be supported, or is unable to be supported even if he/she has no person to be supported, and whose fixed amount of income is below the minimum living cost, including the amount of income of a de facto spouse, is a person entitled to receive benefits under the National Basic Livelihood Security Act, and no person shall receive benefits by fraud or other improper means

The Defendant registered as a resident in Seongdong-gu Seoul, and registered as a single-person household with no certain income, and received a kidne transplant surgery, whose income is below the minimum living cost. However, from December 8, 2005, the Defendant maintained a de facto marital relationship with E in heading 105 Dong 1601, Dongdaemun-gu, Seoul, and the above E obtained income equivalent to KRW 2 million a month, and thus the Defendant was not entitled to receive the benefit.

Nevertheless, on July 20, 2015, the Defendant received KRW 415,260 under the name of living benefits, KRW 76,200 under the name of a residential benefit (monthly rent), and KRW 76,200 under the name of a residential benefit (monthly rent) from the Sungdong office near his/her domicile in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul. From January 20, 2010 to January 20, the Defendant received KRW 26,159,140 under the name of living benefits, housing benefits, etc. by unlawful means over 67 times, such as the written list of crimes, from around January 20, 201 to the above day.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against E;

1. Statement made by the prosecution with respect to F and G;

1. A protocol concerning the examination of the suspect of the first to third police officers against the defendant;

1. Statement made by the police for E;

1. Statement made by the police with regard to F;

1. An abstract of the resident registration slip;

1. A detailed statement of employment for the day of employment insurance (for insured person);

1. Data to be submitted additionally by a reporter;

1. Application of investigation report (the details of transactions with a suspect A) Acts and subordinate statutes;

1. Article 49 of the relevant Act and Article 49 of the National Living Security Act, the choice of punishment for an offense, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act: