On September 15, 2022 (Thursday), at the Sakurai / Ariyoshi THE night party, congratulations to Nao Asahi, congratulations on the marriage and laughing SP. I was giving a gift information!
[BRAIN SLEEP Brain Sleep Pillow]
A pillow that has good breathability and can sleep well with the brain.
Familiar with the shape of the person’s head, it is possible to wash it.
This is an article about Brain Sleep Pillow.
Click here for a summary of wedding celebration.
[BACCARAT iPro frame]
It is a wedding celebration of Snowman Tatsuya Fukasawa.
[Baccarat Maneki Cat]
Celebration of Natsuko Momota.
It is a baccarat invited cat who raises her left hand and raises her right hand and invites her luck.
[Uchino Marshmallow Gauze Color Payama]
Pajamas keep 바카라카지노 the temperature and humidity in the clothes comfortably and lead to high quality sleep.
I was giving pink and dark blue.
[Iga ware kiln Haseen bistro steamed pot]
It is a celebration of Mayu Matsuoka.
Matsuoka -san’s recommended clay pot that can be used for many dishes such as steamed, steamed, fried.
What is the legal responsibility for using overpayment from the country or local government?
On April 8, Abu -cho, Yamaguchi Prefecture, was accidentally transferred to a 24 -year -old man of the townspeople due to accidental special benefits (for 463 households) for a new colonovirus countermeasure, and received an overpayment. The response is spreading the ripples. The town explained the circumstances to the man and asked for a return, but because the man did not respond, on May 12, he asked for more than 51 million yen, including the full amount of the benefits and the lawyer fee. I filed a lawsuit.
After that, a male agent lawyer met on May 16 and explained the purpose that “it is difficult to return because the man has spent up the money,” and on the 17th the following day. It was revealed that he said, “I used all the (benefits) at the net casino.” After that, the man seems to have indicated that he wants to return it little by little. If a lot of money is accidentally transferred from the country or local government, will it be legal responsibility to spend overpayment money? I asked a lawyer Kazuo Makino of Shiba Sogo Law Office.
Possibility of imprisonment
Q. If the government and local governments do not declare overpayment, despite the incorrect cash transfer than planned, will they be legally responsible?
Mr. Makino “If you do not declare the country or local government honestly, if you wear it, you will be embezzlement (Article 252 of the Penal Code, the statutory sentence will be sentenced to 5 years or less) and the deemed withdrawal (Article 254 of the Penal Code, and the statutory sentence will be one year. You may be responsible for criminal liability, such as the following imprisonment or fines or less than 100,000 yen), fraud (Article 246 of the Penal Code, or a statutory sentence of 10 years or less).
In the civil law, there is an obligation to return unfair gain stipulated in Article 703 of the Civil Code. Those who have gained a profit in exchange for the loss of others, even though there is no “legal cause” (legitimate reason), must return the benefits received to those who have received the loss. It is stipulated that it will not be. Therefore, if you noticed overpayment, it would be desirable to immediately tell the country or local government that there was overpayment and return the overpayment. “
Q. In this case in Abu -cho, the man who received the overpayment seems to have shown his intention to return, while explaining that he used everything at the net casino. Does the difference in the 인터넷카지노검증사이트 refund depend on the use?
Makino “The only thing that can be requested to return the” unfair gain “is limited to the” limit of the profit “, that is, the maximum amount of overpayment, but if you use it for living expenses, the profits are still present. In that case, in that case, the overpaid side can pay for all the benefits (full overpayment) obtained by the recipient, and can also seek damages for the lawyer expenses. (Article 704 of the Civil Code).
On the other hand, if the recipient uses it for entertainment expenses, the profit will not exist. (September 26, 2006 Tokyo High Court ruling). If the overpayment is wasted with the entertainment expenses, the unreasonable “profit” will be reduced, and only the remaining amount will be returned. It may not be clear that people who are notted do not return and those who use it as a living expenses need to return, but that is the case in the legal interpretation. However, in order to legally refuse a refund, it will be necessary for the recipient to have a “proof of waste at a casino”.
If you spend overpayments for living expenses and loan repayments, you’ll want to say, “It’s impossible to return the full amount because you’ve used it, but the unfair gain changes shape and remains as your property. If you have a balance such as bank deposits, you will be more likely to be interpreted as “profits are left.” Therefore, the government and local governments will ask for return from bank deposits.
If you do not have a bank deposit, you will have a contract to refund even a small amount every month from your salary and get a refund in the future. “
Q. Is there a statute of limitations in the overpayment refund request?
Makino “This corresponds to the extinction of general receivables. Basically, you will not be able to request a refund after 5 years after knowing overpayment and 10 years after overpayment.”
Q. Is there a case or case where the government and local governments accidentally provide a large amount to residents and have trouble?
Mr. Makino “There is a case where Settsu City, Osaka Prefecture, excessively refunded the prefectural tax of 15.02 million yen in 2018 to a man in his 60s. The city asked a man to return it, but the male side” I returned it. There is no obligation, so he filed a man. The Osaka District Court has found that he had a malicious intention to receive the prefectural tax in October 2021 and ordered men to return the full amount.
In 2006, the return of illegal subsidies was presented, and the “limit of profits” means that even if the recipient has already used all the subsidies, it is necessary to operate the recipient organization. Because it was used as an expense, it was said that the entire subsidy should be refunded (September 26, 2006 Tokyo High Court Judgment).