209No852 Fraudulent

A (80 years old, female, and public officials)

Defendant

Efficiencies

Attorney Lee Young-chul (Korean)

Busan District Court Decision 2009Dadan48 Decided March 2, 2009

April 30, 2009

The defendant's appeal is dismissed.

55 days from the number of days under detention prior to the pronouncement of this judgment shall be included in the penalty of the original judgment.

1. Summary of grounds for appeal;

Considering the fact that the defendant is fully aware of the facts charged and reflects his mistake, that the national basic livelihood recipient who is directly required to receive support for living expenses from the State does not cause any individual damage that could not receive support for living expenses from the State, that the defendant returns the entire amount of the defrauded by the State, that the defendant restores the damage by returning the entire amount of defraudation, that the defendant is the mother who is a child who is a her mother living with the 3st century, that is the primary offender, and that the defendant was coming from the public office with the instant case, the sentencing of the court below (one month of imprisonment) is undue

2. Determination

However, although the crime of this case was committed in this case, although the defendant who is a public official is the primary offender and the person who is unable to receive living expenses while taking charge of the business of supporting the living expenses of the national basic livelihood recipients, as if he was entitled to receive the living expenses, he falsely enters the living expenses provided by the State into an account under the name of the defendant's husband or his father, and uses them as personal living expenses, etc., not only the crime of this case is considerably poor but also the crime of this case is committed by the defendant, such as the above fraud continues to have 1.6 months, and the amount acquired by the defendant is about 130 million won, and the amount acquired by the defendant is expected to be performed in high level of integrity and fair business execution. Furthermore, the defendant's strict punishment is inevitable in that it has reached the crime of this case by abusing such status, the recent crime of acquiring or embezzlement social security benefits provided by a public official in charge of social welfare in the state, and the circumstances and circumstances of the defendant's society before and after the crime of this case, etc. are too unreasonable.

3. Conclusion

Therefore, Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. Under Article 57 of the Criminal Act, 55 days out of the number of detention days before the pronouncement of this judgment shall be included in the sentence of the original judgment. It is so decided as per Disposition.

Presiding Judge, Judge Park Jung-chul

Judges Jong-ho

Judges Kim Gin-ju