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(영문) 울산지방법원 2018.04.18 2018고정228
국민기초생활보장법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a basic livelihood recipient who receives welfare benefits.

No person shall receive welfare benefits or allow any other person to receive welfare benefits by deceit or other unlawful means.

Nevertheless, from March 2015 to September 2017, the Defendant illegally received welfare benefits of KRW 16,720,450 as a recipient of basic living who did not report the occurrence of income, even though he/she did work for day in Yangsan-si B, such as C gas stations, D gas stations, etc. located in Yangsan-si B.

Summary of Evidence

1. Application of the Acts and subordinate statutes on the written accusation by the office of the Ulsan-gun Armed Forces;

1. Article 49 of the relevant Act concerning facts constituting an offense and Article 49 of the National Living Security Act guaranteeing the basic life of citizens who choose a penalty;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is that the period for which the Defendant received benefits by unlawful means is also short.

However, considering the fact that the defendant committed a crime by relatively passive means, that the defendant reflects the defendant, that there is no past record of crime, and that there is no statutory penalty for the crime in the judgment.

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