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(영문) 부산지방법원 2017.05.24 2016고정4213
국민기초생활보장법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall receive the benefits under the National Basic Living Security Act or have another person receive the said benefits by deceit or other unlawful means.

From July 2014, the Defendant was designated as a recipient pursuant to the National Basic Living Security Act, and was paid living benefits and housing benefits from the Busan Metropolitan City Office of the State of Busan Metropolitan City.

Nevertheless, even though the Defendant had worked from September 2015 to March 2016 at “C” located in Busan High-ro B, and had earned income of KRW 1,80,000 each month from the said company, the Defendant: (a) did not report the said earned income in the manner of receiving the said income in the name of account in the name of “D” and did not report the said earned income to the President of the Organization of the Organization of the Organization of the State; (b) received KRW 8,627,490 in total from September 2015 to March 2016 as residential benefits and living benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation by the police (absent to the management of welfare and replies of ideas and the welfare of the Gu);

1. Application of Acts and subordinate statutes on a separate account list;

1. Article 49 of the relevant Act on criminal facts, Article 49 of the National Living Security Act on the basis of which punishment is selected, and the selection of fines;

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

1. Under Article 334(1) of the Criminal Procedure Act, the Defendant’s economic condition with reason for sentencing is difficult, and the amount of benefits that the Defendant unlawfully received, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, etc. shall be mitigated by comprehensively taking into account all the circumstances constituting the conditions for sentencing, including the Defendant’s age, sex, environment, motive, means and consequence after the commission of the crime.

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