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(영문) 전주지방법원 2015.09.10 2015고단951
국민기초생활보장법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

From October 208, the Defendant was selected as a basic recipient at the Daejeon Seo-gu Seoul community service center from around 2008, and received basic benefits. From around January 2010, the Defendant started a de facto marital relationship with E and a de facto marital relationship from around 10, 2010, and continued to be a person in charge of the community service center in Daejeon Seo-gu, Daejeon, as if the person in charge of the community service was living in a mixed state, and received KRW 86,970 on January 20, 2010, and received KRW 24,694,160 in total of basic benefits by fraudulent or other unlawful means, such as in the attached list of crimes, until August 20, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. A written petition;

1. Reports on internal investigation (related to submission of materials to the public official of the I community service center);

1. Application of Acts and subordinate statutes to a marriage relation certificate, notice on social welfare services and benefits, payment details of basic costs, and copy of notice on social welfare services and benefits;

1. Relevant Article 49 of the National Basic Living Security Act and Article 49 of the former National Basic Living Security Act (amended by Act No. 12933, Dec. 30, 2014) regarding criminal facts;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (except for the case where the sentencing criteria are not applied) is deemed to be a large amount of money unlawfully received by the Defendant. However, it is deemed that the Defendant’s primary crime is recognized, and the Defendant is in depth divided, the Defendant’s health is not good, and the Defendant’s age, character and behavior, character and environment, motive, means and consequence of the crime, and the various sentencing conditions under Article 51 of the Criminal Act stated in the records of the instant case, such as the circumstances after the crime, etc., are determined as ordered by taking account of the following factors.

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