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Reasons
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(영문) 대구지방법원 2014.10.23 2014고단3528
국민기초생활보장법위반등
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A defendant shall be punished by imprisonment for six 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

No person shall receive the cost of living benefits, etc. from a basic recipient by deceit or other unlawful means, or have another person receive such benefits.

Nevertheless, around December 24, 2004, the Defendant received benefits from the North-gu, Daegu Northern City Office as a recipient of basic living. From March 24, 2007, from around E and F (representative G) in Gyeonggi-si, the Defendant had earned income equivalent to KRW 3,00,000 per month from around March 207, the Defendant continued to maintain the basic supply and demand without filing a return of income, and from August 2009 to July 20, the Defendant denied the total of KRW 30,283,710 in total, 36 times from August 209 to July 20, 2012, and denied the supply and demand of KRW 30,283,710 in total, such as the list of crimes (2) in attached Form 36 times.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. H’s petition;

1. Application of Acts and subordinate statutes on the details of payment of disability allowances and details of payment of living and housing benefits;

1. Relevant Article 49 of the National Basic Living Security Act and the choice of a sentence concerning facts constituting a crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the fraudulent receipt of livelihood benefits, etc., such as this case, such as livelihood benefits, etc., should be eradicated as it undermines the citizens' sound sense of work and brings about waste of the national finance.

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined by considering the following facts: the defendant's mistake is divided and reflected; the defendant pays the amount of illegal receipt in installments; and the defendant's age, character and conduct, environment, and circumstances after

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