Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

A. Since the Defendant, at the time of being selected as a recipient of the National Basic Living Security in 2001, knew of the receipt of an overseas pension and submitted a written consent to the provision of financial transaction information to the public official in charge, he/she fully cooperated in the investigation for the selection of the National Basic Living Security recipient, he/she did not receive benefits under the National Basic Living Security Act by deceit or other unlawful means,

B. Even if the facts of the crime in the judgment of the court below are guilty, the punishment (two million won of fine) imposed by the court below is too unreasonable.

2. Determination

A. 1) The Defendant asserted the same purport as this part of the judgment of the court below, and the court below rejected the above assertion in detail on the part of the Defendant’s assertion. 2) In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, the Defendant was selected as a beneficiary under the relevant Acts and subordinate statutes since he did not notify public officials in charge of the fact that he received pension benefits from a foreign government around 2001. Thus, the Defendant’s receipt of livelihood benefits, housing benefits, and medical benefits from January 2017 to March 2019 constitutes a case where the Defendant received benefits under the National Basic Living Security Act by fraudulent or other unjust means, as stated in the instant facts charged, and the Defendant had intent to do so.

담당 공무원이 2001. 5. 14. 피고인과 상담하고 작성한 상담내역에는「(전략) 피고인이 그 동안 푼푼히 모아두었던 500만 원으로 월세 및 생활비를 보충하고 있으며 친척집을 다니며 (중략) 허드렛일을 해주고 월 20여 만 원의 수입으로 생활하고 있음(후략)」이라고 기재되어 있고, 피고인도 수사기관에서 조사받으면서 "당시 정부에서...