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(영문) 부산지방법원서부지원 2020.08.28 2020고단486
국민기초생활보장법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

A recipient of the national basic livelihood security shall be prohibited from receiving the assistances or getting any other person to receive the assistances by deceit or other unlawful means.

From July 2015 to February 2019, the Defendant had monthly income equivalent to 1.3 million won while working as an employee at a restaurant located in Seo-gu Busan Metropolitan City from around July 2015 to around February 2019, the Defendant applied for the supply of basic living benefits on the grounds of “unincome and health deterioration,” etc. to the public officials in charge of the living welfare division in Busan Metropolitan City on August 18, 2015, and applied for the supply of basic living benefits from around October 23, 2015 to around December 2015, the Defendant received the total amount of the cost of living benefits from around 1,67,310, total of the cost of living benefits, 70,000, medical benefits, 509,400, and 308,000 won, total of the cost of living benefits, including the cost of living benefits, from around 20, 2015 to December 16, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation reports (the confirmation and attachment of records to the documents submitted by the defendant's office) on E's written statement, and the application of Acts and subordinate statutes on business reporting by the private office;

1. Article 49 of the former National Basic Living Security Act (amended by Act No. 16367, Apr. 23, 2019) (amended by Act No. 16367, Apr. 23, 2019; choice of imprisonment)

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to have been unjustly received basic livelihood security benefits for three years or more while hiding the Defendant’s earned income while committing the crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution. The crime of this case is very bad, and the illegally received amount is about thirty thousand

However, the defendant shows the attitude of recognizing the crime of this case and returning the amount of illegal receipt.

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