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(영문) 부산지방법원 서부지원 2018.11.27 2018고단1227
국민기초생활보장법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A beneficiary of basic livelihood security shall, when the details of a contract for residence, composition or lease are changed, or matters concerning the income and property of a person entitled to receive benefits and a person without support are significantly changed, report such fact to the competent livelihood security agency without delay, and no person shall receive livelihood benefits, housing benefits, etc. by deceit or other unlawful means.

From October 2012, the Defendant received housing benefits of KRW 4,491,280 in total from around October 19, 2012 to July 20, 2017, and received housing benefits of KRW 21,343,790 in total, by receiving living benefits of KRW 25,835,070 in total, as in attached Table 21,343,790 in total, from the Busan Jung-gu Office from around October 19, 2012 to around July 20, 2017, since he did not report to the Busan Seo-gu Office while he resided in the 102 Dongdong-gu Office of Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on the report on labor activities and income, a summary of the same industry, certification of income amount, and details of account transactions;

1. Relevant legal provisions concerning criminal facts, Article 49 of the Act on the Guarantee of Basic Living for the People who choose a sentence (the point of non-payment of livelihood benefits), Article 24 of the Act on the Protection of Housing Benefits (the point of non-payment of housing benefits), the selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act in the suspended sentence is deemed to have been illegally provided and received by the defendant with residential benefits and living benefits, and the crime is not deemed to have been committed in light of the period of the crime and the amount of benefits received, and the unlawful benefits were returned.

There is no evidence to see that it is disadvantageous to the defendant.

However, it is true that the accused has led to the crime, has committed a mistake, and the accused has no criminal record.

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