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(영문) 전주지방법원 군산지원 2020.04.08 2019고단1749

국민기초생활보장법위반등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. A beneficiary of the violation of the National Basic Living Security Act shall report without delay to the competent assistance agency when the residential area, composition of a household, or terms and conditions of a lease are modified, matters concerning the income and property of the beneficiary, the characteristics of a household, etc. are changed, and shall not receive benefits by fraud or other improper means;

Nevertheless, the Defendant received benefits of KRW 19,961,80 in total 38 times from July 2016 to August 2019, without reporting the change in the composition and income of households, such as maintaining de facto marital relations with C from around June 2016, when he/she had been living and receiving living benefits, etc. from the following cities after being designated as a national basic livelihood security recipient on May 18, 2012, while maintaining de facto marital relations with C from around 199 to around 2019.

Accordingly, the Defendant received the benefit by illegal means.

2. The Defendant, as described in paragraph (1), resided with C from June 2016, while staying in a de facto marital relationship, was willing to forge a lease contract and submit it to the competent public official in order to keep his/her eligibility for basic living.

around June 2016, the Defendant: (a) at the mutual infinite real estate office located in Young-dong, Y-si, Y-si; (b) although the Defendant did not conclude a lease contract with D, he did not know that D was at the time of entering into the lease contract with D; and (c) by using the information known to him at the time of entering into the lease contract with D, the Defendant used the information to assign an employee infinite to the name of the above real estate office in the name of the above real estate office (family house) in the column for the location of the monthly rent contract; (d) “Seoul Northern-si, Y-si; (e) the third floor room in the column for lease; (e) the deposit column; and (e) the rent.