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(영문) 대구지방법원 포항지원 2016.02.04 2015고단931
보조금관리에관한법률위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From June 29, 2011, the Defendant was determined as a recipient of basic living among North Korean defectors, and has received a certain amount of living benefits, medical benefits, etc. every month.

The National Basic Living Security Act was enacted for the purpose of guaranteeing the minimum standard of living and assisting the needy in self-support by providing them with the necessary benefits. A person who is recognized as having been living under this Act below the minimum standard of living under this Act and is determined as a recipient of a basic living shall receive a certain amount of subsidy, such as living benefits, housing benefits, medical benefits, etc., and the State shall bear 90% of the subsidy, and the recipient shall report to the competent assistance agency without delay, where there is any change in the residential area, household composition or rental contract terms, and other matters concerning the actual conditions of living.

1. From August 12, 2012 to May 2014, the Defendant received subsidies of KRW 483,050,000, totaling KRW 483,050,00 from around August 12, 2012, as well as national treasury subsidies of KRW 434,745,745, equivalent to KRW 90,00,00 among them, if he/she received annual salary of KRW 201, 306 to 786,8622, as well as C who received annual salary of KRW 306,00,00 from around the port of port where his/her spouse in de facto marriage is his/her residential area C.

In addition, the Defendant received, from around May 20, 2014, a total of KRW 10,430,740 from the time to May 20, 201, together with a basic subsidy of KRW 9,387,66, which is equivalent to the sum of KRW 90,387,66, as shown in the list of crimes in the attached Table (1).

Accordingly, the Defendant received basic recipients subsidies and national treasury subsidies by unlawful means.

2. From June 1, 2014 to April 2015, the Defendant given birth to C’s daughter on June 11, 2014 while maintaining a de facto marital relationship with C, even though he/she given birth to C around June 18, 201.

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