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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 was recognized as a three family member who raises two children from viewing by the Government around April 2008, and was designated as a recipient of basic living, and received the basic living cost from around January 2010 to the Government.
A recipient of a basic living security shall report to the competent livelihood security agency without delay when the matters specified in the subparagraphs of Article 22 (1) of the National Basic Living Security Act are significantly changed, such as the area of residence, the formation of a household, or the lease contract, or matters concerning the income and property of a person entitled to receive a benefit and a person without support.
Nevertheless, the Defendant received KRW 125,370 as a residential benefit under the name of the suspect in the name of the government viewing without notifying the monthly revenue of the Defendant, even though the monthly revenue of the Defendant exceeds KRW 1,50,000, more than the minimum standard for living expenses of the households with three persons, and received KRW 125,370 from the Defendant from July 20, 2015, as shown in the list of crimes in the attached Table, even though the monthly revenue of the Defendant exceeds KRW 1,50,000, more than the minimum standard for living expenses of the households with three persons, as shown in the list of crimes in the attached Table, and received KRW 28,598,880 from the Government viewing as a basic living cost, without notifying it.
As a result, the Defendant received basic living cost by fraud or other improper means.
Summary of Evidence
1. Statement by the defendant in court;
1. A written petition;
1. Investigation report (the Government's welfare for viewing society and C and call);
1. A report on internal investigation (the Government's welfare for viewing society and appendix of materials);
1. Application of Acts and subordinate statutes to a report on investigation (referring to a report on transaction details submitted by the person under investigation);
1. Article 49 of the National Basic Living Security Act, comprehensively covering the relevant criminal facts;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 62(1)(i) of the Criminal Code of the suspended sentence (the scope of the recommended sentence according to the sentencing guidelines) is an offense for which the sentencing guidelines are not set (the sentencing guidelines are not set).