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(영문) 서울남부지방법원 2014.01.23 2013고단2968

공갈등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence shall be articles 1 through 7, 22, 30, 31, 40, 41, 43, 49, 63, 86, 95, 122, 123, 123.

Reasons

Punishment of the crime

The Defendant was the president of the “D Center” in the fifth floor of the Yeongdeungpo-gu Seoul Metropolitan Government C Building.

In 203, the Defendant: (a) knew that there was an ability to work or ability to select as a basic recipient due to family members, etc. in the process of receiving benefits by being selected as a basic recipient on the grounds of “mental illness caused by business failure”; (b) provided false advertisements as if a non-profit incorporated association with the government’s full approval of the establishment of the said D Center helps those who have difficulty in living as a basic recipient by providing false documents to help them select as a basic recipient; and (c) recruited those who do not meet the eligibility requirements for receiving benefits.

1. Violation of the National Basic Living Security Act;

A. On June 201, the Defendant, through a false written confirmation of employment and wage, recruited E as a member who wishes to be selected as a basic recipient at the aforementioned D Center, and submitted a false employment and wage certificate as if he/she was employed by the D Center and provided labor to the public official in charge of the selection of basic recipients at the 7-dong office. During the selection process, E made a false statement as if he/she had been employed by the D Center and provided labor normally, thereby allowing E to be selected as a conditional and excluded recipient who could receive wages even if he/she did not participate in self-support projects.

Accordingly, the Defendant, in collusion with E, received the basic benefits of KRW 9,062,810 in total from July 21, 201 to May 20, 2013 by unlawful means.

In addition, from May 201 to June 5, 201, the Defendant conspired with five members of the D Center, including E, to enter the list of crimes in attached Form 1.