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(영문) 부산지방법원 2017.05.17 2016고정480
국민기초생활보장법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant was selected as a recipient of basic living benefits under the Basic Livelihood Security Act from February 19, 2013 and received living benefits and housing benefits from the Suwon-gu Office.

A recipient of basic living benefits shall not receive benefits by deceit or other unlawful means, and when income, property, work ability, employment status, etc. are changed, he/she shall report it to the competent livelihood security agency without delay.

On October 18, 2013, the Defendant received KRW 468,460 as residential benefits and living benefits from the head of Si/Gun/Gu office around October 18, 2013 in an unlawful manner, and received KRW 6,785,370,00 in total, as indicated in the attached list of crimes, from around around 2015 to June 2015, the Defendant received KRW 6,785,370, as stated in the attached list of crimes.

The Defendant was willing to maintain the qualification of a person entitled to receive benefits and receive related benefits by omitting a report on actual income.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by a public prosecutor, and the conviction of guilt is to be based on evidence with probative value that leads a judge to believe that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no evidence to establish such a degree of conviction, even if there is no doubt as to the defendant's guilt, it is inevitable to determine it as the defendant's interest (see, e.g., Supreme Court Decisions 2006Do1716, May 26, 2006; 2007Do163, Nov. 30, 207). (b) According to the records of this case, the facts that the defendant was on board from October 2013 to September 1, 2014, and from June 1, 2015 to September 27, 2014, it is recognized that the evidence submitted by the public prosecutor alone is sufficient to board D.

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