beta
(영문) 광주지방법원 순천지원 2017.02.16 2016고단2014

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who had been a Saemaul clerk of the D Hospital's Original Self-Governing Council in the Seoul Southern-gun from around 2004 to September 2013.

D Hospital has filed a request for self-support registration with regard to the originals who engage in certain self-support activities at the above originals' self-governing council, and pays the self-support welfare fund every month after registering the originals as their independents.

Accordingly, the Defendant registered the originals who did not engage in self-support activities as its active actives around January 2007, and received self-support welfare money paid by the above hospital and acquired it by fraud.

The Defendant registered E, which did not engage in self-support activities at the above hospital around January 2007, as one of its own actives, and registered F as one of its own actives around January 2013.

As above, the Defendant was granted KRW 15,462,00,000, in total, from January 2008 to September 2013, 2013, to the E post office account under the name of the Defendant’s management from the victim to September 2013, as well as KRW 2,610,000, in total, for the self-support welfare funds for F to the post office account under the name of the Defendant’s management from January 2013 to September 2013.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 18,072,00 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to G, E, and F;

1. Appointment and dismissal of assistant members of the self-governing council, appointment and dismissal of assistant members of the self-governing council, etc.; details of individual payment of self-governing welfare funds on September 2013; and current status of payment of self-support welfare funds;

1. Application of Acts and subordinate statutes on internal investigation reports (attached details of payment, etc. of the E and F self-support welfare funds);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act, including the content of the instant crime and the scale of damage, are not specified in the suspended sentence.

However, the defendant may deliver self-support subsidies received as the above facts constituting the crime to a person who actually performs self-support activities or village meal expenses, etc.