A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From March 2009, the Defendant was designated as the recipient of basic livelihood benefits and received basic living benefits at the time of the victim’s Dong Sea. From January 2013, the Defendant had been working as the employee of the C pharmacy operated by B from January 2013, and received KRW 1.2 million monthly income and received KRW 1.2 million from the C pharmacy operated by B was canceled or was faced with the situation where the recipient of basic livelihood benefits was unable to receive benefits. As such, the Defendant was willing to conceal the monthly wage and receive basic livelihood benefits continuously.

Accordingly, the Defendant, while working as C’s employee from January 18, 2013 to November 2020, received KRW 1,200,000 per month salary from C’s day, and concealed any change in income and property without notifying the public official in charge of the fact that the above income was generated, and received KRW 363,200 from the damaged person as the basic livelihood benefits around January 18, 2013 and received KRW 38,667,40 on a total amount of 94 occasions from October 20, 202, as shown in the list of crimes in the attached Table.

Accordingly, the defendant was paid basic livelihood security benefits by deceiving the victim and receiving property, at the same time by deception or other unlawful means.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, B, E, and F;

1. Records of determining a national recipient of basic living benefits, and details of benefits paid to a national recipient of basic living benefits;

1. Investigation report (specific period of service of suspect C pharmacy);

1. Filing an investigation report (specific period for a crime of illegal supply and demand following the prescription of a public prosecution) (Preparation of a list of non-payment of livelihood benefits) and the application of statutes;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (referring to fraud, inclusive) under Article 347(1) of the same Act, and Article 49 Subparag. 1 of the National Basic Living Security Act (referring to the point of non-payment of basic livelihood security benefits, inclusive);

1. Selection of a sentence provided for in Articles 40 and 50 of the Criminal Act (Punishment provided for in more severe frauds) shall be subject to imprisonment with prison labor;

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