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(영문) 전주지방법원 2017.10.19 2017고단760
국민기초생활보장법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2005, the Defendant is a person who receives basic livelihood security benefits under the National Basic Living Security Act.

No person shall receive basic living benefits by fraud or other improper means.

Nevertheless, the Defendant died while keeping KRW 67,194,483 by remitting part of his income to the account in the name of the father from around 2005 to around 2010, and on July 23, 2010, the Defendant continued to acquire financial assets of KRW 124,194,483 in the total amount of KRW 57,00,00,000 collected money and inheritance portion, but did not report property changes in the former market, which is the competent assistance agency, in order to receive basic livelihood security benefits, and thereby, prevented the Defendant from becoming aware of his financial assets by keeping it in the account of Dong-D and its wife E.

Therefore, the Defendant received the total of KRW 44,078,840 from the competent livelihood security agency on August 20, 2010 to the Defendant’s account, including the transfer of KRW 901,040 from around that time to March 20, 2017 to the Defendant’s account.

Accordingly, the Defendant received basic livelihood security benefits by unlawful means, such as not reporting the change of financial property.

Summary of Evidence

1. Application of each of the financial transaction details to the Defendant’s legal statement F on the police statement statement report (related to the confirmation of the recipient’s entitlement to basic living benefits), investigation report (related to the confirmation of whether the recipient’s entitlement to basic living benefits is a person), investigation report (Listening to the Fran-jin-gu Office’s statement), investigation report (verification of the payment of monthly basic living benefits, etc. on or around March 2010 to March 2017), investigation report (review the requirements, etc. for the supply of basic living benefits for the people of 2010) and each of the following

1. Relevant Article 49 of the National Living Security Act and the choice of imprisonment with prison labor for the crime;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the grounds for the following sentencing)

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