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(영문) 창원지방법원 2019.10.16 2019고정394
국민기초생활보장법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is in charge of the office of the Chairperson B, an incorporated association.

On February 27, 2014, the Defendant was working as a massage in the massage House located in the Changwon-si, and received total cost of living benefits7,31,143 won from 18 times from February 27, 2014 to May 18, 2018, in a way that the Defendant did not report the income of the relevant benefits to the competent authority in order to receive basic livelihood security benefits, notwithstanding the fact that 1,200,000 won was paid for the said benefits, such as denying the supply of the cost of living benefits 693,890 won from Changwon-si around February 20, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Application of Acts and subordinate statutes to the table of livelihood benefits payment standards, recovery measures, guidelines for the earned income deduction rate, recovery amount, details of the receipt of benefits, reports on business trip, and details of account transactions by year;

1. Relevant provisions concerning criminal facts, and Article 49 of the National Basic Living Security Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Strict supply of and demand for social insurance based on the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is an act that may undermine the foundation of social insurance and requires strict countermeasures.

The cost of living benefits illegally supplied by the defendant is the amount exceeding 7 million won.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

Defendant has no record of punishment for the same kind of crime.

In addition, the defendant's age, character and conduct, health conditions, the details and circumstances of the crime of this case, and the circumstances after the crime shall be determined as per the order.

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