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(영문) 서울북부지방법원 2016.10.27 2016고단3441
국민기초생활보장법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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 January 2012, the Defendant received living benefits and housing benefits from the Gangwon-gu Office in accordance with the National Basic Living Security Act, and the cost of living benefits and housing benefits are differentiated depending on the recipient’s earned income or property income. Therefore, in cases where there is any earned income from the beneficiary, the cost of living benefits and housing benefits are not paid or less paid. Accordingly, in cases where there is such earned income, the beneficiary should report it to the Gangwon-gu Office without delay.

The Defendant, from November 2014 to March 18, 2016, received a total of KRW 14,717,000 in total from 17 times to 17 times in total under the name of the Defendant’s bank account in the name of the Republic of Korea on November 20, 2014, without reporting to the competent authority that there was no earned income, which is likely to reduce or not to reduce the cost of living benefits or housing benefits paid from the Gangnam-gu Office every month, even though there was monthly earned income from the “C” in the Republic of Korea, which was located in the Seoul Northern-gu Seoul Northern-gu (Seoul), and received a remittance of KRW 808,130 in the name of livelihood benefits and housing benefits from the Gangnam-gu Office around November 20, 2014.

As a result, the Defendant received benefits by fraudulent and other illegal means.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Employment wage certificate, employment activity report and income statement, and calculation sheet of collected amount;

1. Details of transactions;

1. Details of payment, such as basic living expenses;

1. Application of written resolutions and written reports;

1. Article 49 of the National Basic Living Security Act and the choice of a sentence concerning criminal facts, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences under law: Imprisonment for one month to one year; and

2. Scope of recommendations based on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. The decision of sentence shall be made by the defendant himself.

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