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(영문) 대구지방법원 2018.09.13 2018고단3047
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the kind of C with intellectual disability 1, and C was missing in around 200, and the defendant found the location of B around 2012, which led to the defendant's office around September 2017.

On July 13, 2007, the Defendant: (a) prepared an application to guarantee or pay welfare recipients under C’s name and submitted the said application to the employees of the South-gu office; and (b) applied for livelihood benefits.

However, since the birth C was missing at the time, not only the defendant supported C but also it was not known that C's life or death was not known.

As above, the Defendant: (a) by deceiving the South-gu Office of the Victim; and (b) received the total of KRW 84,101,211 from the Daegu Bank Account (D) in the name of C from August 1, 2007 to November 20, 2017 the Defendant received the basic living benefits by fraud or other improper means; and (c) received the national living benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of investigation request, a written statement of fact-finding, a written statement of payment by C individual, a written application for guaranteeing or benefit of a welfare beneficiary, a copy of the head of Tong C Daegu Bank, a certified copy of the head of Tong C Daegu Bank, a certificate of income, a document of personal payment, and the payment details

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (referring to fraud, inclusive) and Article 49 of the National Basic Living Security Act (referring to the point of illegal receipt of benefits, inclusive);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of the selective fine of punishment (it is not easy to commit a crime, but it is revealed that the defendant recognized all of the crimes and reflects against the defendant, the defendant committed the crime in the process of endeavoring to find his birth C, the recovery measures for the illegal welfare benefits have been fully implemented, and the defendant is an initial offender who has no record of the crime.

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