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(영문) 광주지방법원 2018.10.18 2018고단2340
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant has been receiving basic livelihood security benefits from March 19, 2009 as a person who has no income because of his/her ability to work.

When the details of a contract for residence, composition or lease of a household, or matters concerning the income, property, etc. of a person entitled to benefits have been significantly changed, a beneficiary shall report such fact to the competent assistance agency without delay, and shall not receive benefits by deceit or other unjust means.

Nevertheless, the Defendant received an average of KRW 500,000 per month while working at a bath in the Southern-gun B from January 1, 2010 to August 2016. From October 2016 to April 2017, the Defendant was paid an average of KRW 200,000 per month while working in the Party E located in Gwangjunam-gu from October 2016 to April 2017. From around October 17, 2017, the Defendant was paid a monthly amount of KRW 250,000 per month from around October 17, 2017 to the Defendant who was unable to receive livelihood and housing benefits or who was unable to receive differential payments depending on an income-based fixed amount. However, the Defendant continued to receive a total of KRW 30,00,000 for the building from around 30 days to around 18, 208, including the victim’s housing benefits and KRW 300,000,000.

As a result, the defendant deceiving the victim, obtained a total of 37,318,840 won from the damaged person as a means of living benefits and housing benefits, and acquired it by fraud or other improper means, and received benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description [the defendant has become the defendant's name] of a written resolution on the rights and interests of the people, the date of selection, evidentiary materials, the details of the payment of benefits, a statement of fact-finding, and building register.

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