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(영문) 수원지방법원 성남지원 2018.04.19 2017고정1283
국민기초생활보장법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From May 11, 2010, the Defendant was designated as a recipient of basic living environment and received a certain amount of benefits every month as a recipient of basic living environment.

In such cases, a beneficiary shall report to the competent assistance agency without delay when the matters concerning the income and property of a beneficiary, the ability of a beneficiary to work, the status of employment, etc. are significantly changed.

Nevertheless, the Defendant was in office as the team leader of the installation team in Songpa-gu Seoul Metropolitan Government and 201 from October 18, 201 to August 30, 201, and received benefits of KRW 3 million each month from the installation team in order to install and remove clothing collection box from Songpa-gu C and 201, and was not in conformity with the criteria for the selection of recipients under the Basic Livelihood Security Act (the minimum standard amount of living cost in October 201, KRW 1,173,121, and KRW 1,218,873, the minimum standard amount of living cost in October 201). However, the Defendant did not report it to the Seongbuk-gu Correction-gu Office and received the total of KRW 10,864,960 from the Seongbuk-gu Correction-gu Office to August 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Statement of the police statement related to G;

1. Investigation report (Submission, etc. of Payment Details, etc. of Personnel Expenses for Suspect A) and investigation report (related to perusal of case records against Suspect A);

1. Application of Acts and subordinate statutes on the standard amount of monthly minimum living cost by household in 2011 and 2012, the details of payment of pension recipients in 2011, and the details of payment of pension recipients in 2012;

1. Relevant legal provisions concerning facts constituting an offense, Article 49 of the National Basic Living Security Act (including), and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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