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(영문) 대전지방법원 서산지원 2019.07.18 2018고단637

국민기초생활보장법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A around June 2006, at the family-gun C of the Gyeonggi-do, Defendant B agreed to accept the move-in report as if D were to live in the house and divorce with D, on the ground that “I wish to receive basic living benefits, etc. due to the difficulty of living due to the difficulty of the D, such as being treated as the symptoms of early illness by the D, among the Do that Defendant B, who is the wife, was maintaining a matrimonial relationship with D, who is his father.”

On May 25, 2006, Defendant A made a move-in report as if D were to live together in the house of Defendant A located in Pyeongtaek-gun, Gyeonggi-do at the F Office located in Eunpyeong-do, Seoul-do, on May 25, 2006, and thereafter, Defendant A made a move-in report to a public official in charge of social welfare in the name and incomprehion of the F Office’s above F Office “I are expected to be divorced immediately and are hospitalized in the mental illness class 3. Furthermore, Defendant A made a move-in report to the house of Korea with no other person to support. The designation as a basic living recipient was changed.”

However, in fact, by registering D as a basic living recipient, Defendant A received various basic living benefits such as living benefits, medical benefits, and housing benefits, and Defendant B continued to reside with D and did not intend to divorce with D.

Nevertheless, the Defendants conspired to make a false move-in report, and filed a false application for benefits for the National Basic Living Security Act by fraudulent means, such as pretending to divorce, and received the cost of living benefits of KRW 345,060 from July 19, 2006 to August 19, 2017. Moreover, the Defendants illegally received the total amount of KRW 93,082,160 under the name of livelihood benefits, medical benefits, etc., as shown in the separate crime list from around that time to August 2017.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of police suspect regarding D;

1. Each police statement of H;

1. Each investigation report (subject to direction of the prosecutor);

1. A written accusation;

1. The statement of accusation prepared by H;