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(영문) 광주지방법원 2021.02.17 2020고단6164
국민기초생활보장법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant has been receiving basic living security benefits, such as housing benefits, living benefits, and benefits for disabled persons, since around November 28, 2011, because he/she has no ability to work and has a disability.

Every person shall not receive benefits under the Basic Livelihood Security Act by fraud or other improper means, and a beneficiary shall have the duty to report to the assistance agency without delay when the matters concerning the income and property of a person entitled to benefits and a person without support have been significantly changed.

From February 4, 2014 to January 20, 2019, the Defendant is unable to receive living benefits and housing benefits due to the occurrence of income, such as receiving activity expenses equivalent to KRW 600,000 per month in cash, while working at organizations and facilities located in Gwangju Mine-gu from around February 4, 2014, or receiving differential payments according to the amount of income.

Nevertheless, the Defendant, without notifying a public official who is unable to know the victim's name in Gwangju Northern-gu Office of change in income and received KRW 263,460 from the injured party as a residence benefit around February 20, 2014 and received KRW 263,460 from the injured party as a residence benefit around February 20, 2014, from around January 18, 2019, received a total of KRW 340 times in total as shown in the list of crimes in the annexed list of crimes.

As a result, the defendant deceiving the victim, obtained a total of 109,282,490 won from the damaged person for residential benefits, etc., and acquired it by fraud or other improper means, and received benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a labor contract, reply to a request for cooperation with an investigation, details of payment of welfare pay, etc., investigation report (Submission of the details of payment of group activity expenses to A by suspect A), details of payment of supply and demand;

1. Article 347(1) of the Criminal Act applicable to the crime (the point of fraud, the point of fraud).

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