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(영문) 수원지방법원 성남지원 2019.07.12 2019고단894
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From March 31, 2006, the Defendant received basic livelihood security benefits as a person who has no income.

When the residential area, composition of a household, or terms and conditions of a lease are altered, or matters concerning the income and property of a beneficiary and matters concerning living conditions, such as household characteristics of the beneficiary, etc. are significantly changed, the beneficiary shall report such fact to the competent assistance agency without delay, and shall not receive benefits by fraudulent or other illegal means.

On March 26, 2007, the Defendant, who was married with B on March 26, 2007, received living expenses equivalent to KRW 4,000,000 per month, falsely, the employee in charge of the Gwangjin-gu Office for the victim, who was in charge of the victim’s living expenses, “In South and North Korea only have married a marriage report, but does not actually live together because of the current divorce procedure.” On February 16, 2016, the Defendant, by deceiving the victim, by failing to notify the fact that he/she was living together and has maintained de facto de facto marital relationship even after consultation with B, and by deceiving the victim, he/she received KRW 187,040 from the victim for residential benefits and livelihood benefits on April 20, 2012. From January 3, 2011 to October 10, 2018, the Defendant received KRW 73,283,810 won in total under the name of residential benefits, living benefits and medical benefits, as indicated in the attached list.

As a result, the defendant deceiving the victim, received 73,283,810 won in total as the name of housing benefits, livelihood benefits and medical benefits from the victim, and received the benefits equivalent to the same amount by fraud or other improper means at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A written accusation;

1. Application of Acts and subordinate statutes confirming facts

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 49 of the National Basic Living Security Act (the fact that the person received the benefits in a fraudulent manner);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor chosen;

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