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(영문) 의정부지방법원 고양지원 2021.02.08 2020고단3071
국민기초생활보장법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant is a two-person household from the high view around July 22, 2004, which was designated as a recipient of basic living benefits due to the reasons that monthly income is less than the standard income under the Basic Livelihood Security Act, and received livelihood and housing benefits.

In spite of the fact that anyone was unable to receive the benefits or let another person receive the benefits by fraud or other improper means, the Defendant received the total of 83 times of total housing benefits, including 11,404,350 won, total of living benefits, and 51,746,90 won, from August 20, 2013 to February 20, 2020, without filing a report on income under the Basic Livelihood Security Act, in spite of the fact that he/she had income earned by operating the culing construction project through another person’s account, etc., from around August 2013 to February 20, 2013.

As a result, the Defendant received a total of 63,151,250 won basic livelihood security benefits by fraud or other improper means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Investigation report on the statement made by the police (revision of the illegal receipt amount of a suspect), investigation report (verification of a suspect A's income), investigation report (verification of livelihood benefits and income criteria for residential benefits);

1. Details of resolution, eligibility of recipients, and supply and demand of the civil rights committee;

1. Application of Acts and subordinate statutes, such as an application for change of claim and cause;

1. Selection of imprisonment, inclusive, with respect to the relevant Article of the Act and Article 49 of the Act on the Guarantee of Basic Living of Citizens for the Selection of Criminal Proceeds;

1. The instant crime on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is deemed to have been unjustly received basic livelihood security benefits for a long time by hiding the Defendant’s income while hiding it, and the crime is considerably bad, and the amount of fraudulent receipt is about KRW 6,3150,000.

However, the defendant is the defendant.

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