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.

Punishment of the crime

The Defendant is serving as the auditor of Eunpyeong-gu Seoul Metropolitan Government and the second floor from around 2014 to October 2017, and is the actual representative director of the said company.

No one shall receive benefits by fraudulent or other illegal means.

Nevertheless, the defendant had falsely registered his/her father E with the above company as an employee, and had the defendant received the payment on behalf of him/her, but he/she concealed it, and had the victim's right to receive the basic livelihood security benefits such as living benefits by deceiving Eunpyeong-gu Seoul Metropolitan Government as he/she had no income.

Accordingly, the Defendant registered as a beneficiary to the Eunpyeong-gu Seoul Metropolitan Government Office on November 20, 2015, and received KRW 569,300 from Eunpyeong-gu to transfer KRW 569,30 as a basic livelihood security benefit, such as living benefits and housing benefits, from the victim’s Eunpyeong-gu around November 20, 2015, and received a total of KRW 10,909,080 from around that time to April 20, 2017 as shown in the list of crimes in the annexed crime.

Accordingly, the defendant, by deceiving the victim and receiving property, received living benefits and housing benefits by fraud or other improper means at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the certificate;

1. A detailed statement of the benefits of 2017;

1. Application of statutes on payment details;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (referring to fraud, inclusive) and Article 49 of the National Basic Living Security Act (referring to the receipt of benefits by unlawful means, including the receipt of benefits by unlawful means);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant has been punished several times in addition to the punishment for fraud, and that most of the damages have not been recovered, the period and amount of the crime, the age, sex, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, etc.