A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

A beneficiary under the National Basic Living Security Act shall be a person who has no obligatory provider or is unable to be supported by a person whose recognized amount of income is below the minimum cost of living, and shall report to the competent assistance agency without delay when the matters concerning the income and property of the beneficiary, employment status, etc. are significantly changed.

Nevertheless, the Defendant was designated as a national basic livelihood security recipient from around December 26, 2005 to March 20, 2014, and received housing and livelihood benefits. However, even from around April 201 to April 2014, the Defendant received benefits equivalent to KRW 200-3 million per month from around April 2011, and received benefits from around April 201 to April 201, the Defendant was provided with KRW 35,365,950 for residential and livelihood benefits on April 20, 201 by receiving the said benefits from the agricultural bank account in the name of the Defendant’s seat, and received KRW 436,050 for residential and livelihood benefits on March 20, 201.

As a result, the Defendant was paid benefits by fraud or other improper means.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecutor's protocol of interrogation of the accused (including substitute part);

1. Investigation report (verification of details of refund);

1. Resolution, certificate of recipient, details of payment of basic living benefits, details of restitution amount, and statement of minimum cost of living;

1. Application of the consultation details (A), written confirmation (C), payment table of labor unit cost, detailed statement of each financial transaction (C), and the payment ledger under the Acts and subordinate statutes;

1. Article 49 of the National Basic Living Security Act applicable to the relevant criminal facts and the choice of punishment (generally, the choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. The defendant's crime of this case for the reason of sentencing under Article 62-2 (1) of the Criminal Act for probation and community service order is committed under the name of residence and livelihood benefits even though he/she loses his/her entitlement to receive the National Basic Living Security Act