A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From January 2009 to February 2015, the Defendant received an average of KRW 1,150,000 per month from the Daegu Jung-gu Branch as security guards belonging to B, and received an annual payment of KRW 1,150,000 from the Daegu Jung-gu Branch as security guards. However, the Defendant did not report this to the competent authority from November 2009 to February 2, 2015, and received the amount of KRW 44,832,30, including the total amount of KRW 21,574,200, medical benefits, and KRW 23,258,130, without reporting it to the competent authority.

Accordingly, the defendant received benefits under the National Basic Living Security Act by fraudulent or other illegal means.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on the accusation, audit data of the Board of Audit and Inspection, the current status of payment of bonus and allowances, prior notice of disposition on collection of illegal recipients, detailed details, prior notice of decision on collection of unjust enrichment,

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) of the suspended sentence is that the defendant received living and housing benefits, etc. under the National Basic Living Security Act, and the amount of the unlawful receipt is up to 44 million won in total, while the defendant being committed the crime in this case, and the defendant is against the defendant, and it is necessary to return the amount of illegal receipt according to the decision on collection of unjust enrichment. There is no criminal record of the same kind, and the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and result of the crime, etc. shall be determined as ordered in consideration of all the sentencing conditions,