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(영문) 대전지방법원 천안지원 2021.02.05 2020고단2775

국민기초생활보장법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On July 22, 2015, the Defendant stated that “application for the provision of social security benefits” was made to the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, and that “A person is unable to work at all due to a false certificate” in counseling with a public official in charge around August 7, 2015 and around October 21 through 22, 2015, and was selected as a recipient of basic living benefits on October 26, 2015, and was paid livelihood benefits from around October 30, 2015.

A recipient under the National Basic Living Security Act shall not receive benefits or have another person receive benefits by fraud or other improper means.

Nevertheless, from around March 2015, the Defendant did not notify the public official in charge and the public official in charge of consultation when he received excessive expenses from students from around March 2015. In order to avoid being deprived of eligibility for benefits due to the discovery of excess expenses, the Defendant received the transfer of extra expenses from around August 2015 to the C account in the name of B (Account Number: D).

Defendant received living benefits of KRW 1,812,320 around October 30, 2015, with hiding the above non-income, around KRW 1,812,320, and KRW 280,00,00, around October 30, 2015, and around that time, up to January 20, 202, Defendant received living benefits of KRW 29,108,640, and KRW 2,287,00,00, including housing benefits of KRW 2,395,640, as shown in attached Table 1, 200.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E, F, and B;

1. Domestic history reports (A’s basic living support reports, including accompanying documents), copies of bankbooks, reports on income and property, types of social security benefits paid by the person under consideration, details of payment, C account transaction details, C account transaction details, internal investigation reports (referring to the reference person G telephone conversations), internal investigation reports (referring to telephone conversations with the reference person I), internal investigation reports (including the social security benefits received by A), internal investigation reports (including the economic benefits of the suspect), investigation reports (specificization of the suspect’s economic activities), investigation reports (limited to the account holder of entry deposits), investigation reports).