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(영문) 서울북부지방법원 2019.02.13 2018고단5030
사기등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 18, 2009 to July 2018, the Defendant is a person who operated the above facility as a facility of “C”, which is a mental rehabilitation facility from the Dobong-gu Seoul Metropolitan Government second floor.

On July 5, 2013, the Defendant, at the above C office, had access to the social welfare system by a computer located therein, worked for at least 40 hours a week and entered as if the requirements for the payment of subsidies were met, and filed a claim for subsidies for expenses for mental rehabilitation facilities paid by Seoul Metropolitan Government.

However, fact D worked only once a week for eight hours.

Nevertheless, by the foregoing method, the Defendant, by deceiving a person in charge of non-disclosure in the name of the public health clinic belonging to Dobong-gu, and thereby, received KRW 2,196,120 from the victim Seoul Metropolitan Government as a subsidy for personnel expenses on July 19, 2013, from the time to May 25, 2018, he/she received the total of KRW 141,617,650 by the same method in the same place as in the attached list of crimes from around 62 times until May 25, 2018, and received the local subsidy by false application or other unlawful means, such as in the list of crimes 19 through 62.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of D police statement;

1. G statements;

1. A written accusation;

1. Application of Acts and subordinate statutes on account transactions and details of unfair receipt of benefits;

1. Article 347 (1) of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, Article 97 (1) of the Local Finance Act (a point of granting local subsidies by illegal means);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the amount of subsidies received by the defendant by illegal means is not small is disadvantageous.

However, the defendant recognized his mistake and reflected his mistake, and returned all the amount of damage to recover damage.

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