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(영문) 대구지방법원 2019.08.29 2019고정633
사기등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 20, 2016, the Defendant, who had operated a building company in Seogu Daegu, was sentenced to imprisonment with prison labor for one year and two months for fraud, etc. in Seo-gu District Court Seo-gu Branch of the Daegu District Court, and completed the execution of the above punishment on July 22, 2017.

The Defendant was determined as a recipient of the National Basic Living Security from August 2017, on the ground that there was no ability to work and no income after release as above, and became entitled to basic livelihood security benefits from the Daegu Southern-gu Office for the victim.

However, when there is a significant change in the living conditions of a beneficiary, such as matters concerning his/her income or property, he/she shall, without delay, report it to the affected Gu office, which is the competent assistance agency, and shall not receive benefits by fraudulent or other illegal means, and the defendant was also aware of such circumstances.

The Defendant, as seen above, without registering his/her business from November 2017, when several months have elapsed since the release of the Defendant, became unable to receive livelihood benefits and housing benefits due to the continuous occurrence of business profits even after the commencement of the housing remodeling project with the name of “D”, and the income from construction cost of KRW 32.5 million from November 2017.

Nevertheless, the Defendant: (a) actively concealed the income by withdrawing the income immediately after the receipt of the return on actual income; or (b) took place as if the Defendant had no ability to work or income continuously, without notifying the public official in charge of the Gu office’s name, of important changes in the income and property; and (c) received KRW 147,00 from the Gu office for the purpose of livelihood benefits on November 20, 2017, under the name of 495,880 won as the cost of living benefits and under the name of housing benefits.

In addition, the defendant received total of KRW 9,784,890 through 36 times, such as the list of crimes, from January 18, 2019.

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