A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

From July 2009, the Defendant was designated as a beneficiary under the National Basic Living Security Act, and received living benefits and housing benefits from Pocheon Viewers. Since living benefits and housing benefits are differentiated benefits depending on the recipient’s earned income or property income, if there is any earned income from the beneficiary, the cost of living benefits and housing benefits are not paid or less paid to the beneficiary. Accordingly, in cases where there is any earned income as above, the beneficiary should report it to the Pocheon Viewers without delay.

From March 2013, the Defendant operated a delivery restaurant with the trade name “C” in Scheon City, and even if there were monthly earned income while operating the above delivery restaurant, the Defendant committed as if there were no earned income without filing a report thereon with the competent authority on the said remaining earned income, which is likely to reduce or not to be paid the cost of living benefits or the housing benefits provided from Scheon Viewing each month. Through this, around April 2013, the Defendant received KRW 730,140 from Scheon Viewers to the account of the Defendant’s husband, as the cost of living benefits and the benefits of livelihood benefits, and received KRW 12,520,250 in total from that time to February 2015 as the cost of living benefits and housing benefits.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution to E (including theF statement);

1. Reports and investigation reports (where a suspect makes profits, the kinds of benefits and total allowances);

1. Submission of data related to a request for provision of investigation data, one copy of a detailed statement of payment of benefits, selection of a basic livelihood recipient and evidentiary data, reference materials for reporting additional taxes, real estate lease contract, details of collection of expenses from illegal recipients, and submission of data, activities of labor, and income statement;

1. Application of Acts and subordinate statutes, such as C cafeteria photographs;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;