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(영문) 광주지방법원 2019.07.25 2019고단1497

국가유공자등예우및지원에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

B (C) A soldier or policeman killed in action and a soldier or policeman killed in action on May 2, 194, gave birth to the E-born Defendant, and on October 25, 1984, a death report was made on October 13, 1990 on the ground of non-existence, and on October 25, 1984, a person who was active for Australia in the Southern District Court of Jeonju on October 13, 1990, and F (G) was a person who reported marriage on April 29, 1969, and the two persons were not the bereaved family or family member of the deceased who was a person of distinguished service to the State since they married with H as the same person.

Nevertheless, the Defendant received compensation of KRW 295,410,400 in total from January 15, 1997 to July 201, 198 from the Ministry of Patriots and Veterans Affairs, including a person who, despite being aware that his mother-child B does not fall under the scope of bereaved families or families of deceased persons who have rendered distinguished services to the State or of deceased persons, was married with H, by submitting a report on the activation of rights with the content that B (C) is the deceased spouse in Gwangju, and who still is the deceased spouse in the name of B, from January 15, 1997 to July 2018.

As a result, the Defendant received compensation from the Ministry of Patriots and Veterans Affairs by fraud or other improper means.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor and police interrogation protocol of the accused;

1. Statement of the police officer to I;

1. Inquiry into the bereaved family registration report, report on the establishment of rights, decision on the establishment of a branch court of the Jeonju District Court, notification of the result of a request for fingerprint appraisal, each removal from the register, each marriage relation certificate, each basic certificate, each family relation certificate, each image data, each written confirmation of persons who have rendered distinguished services to the State (bereaved family members or families), the ledger

1. Application of Acts and subordinate statutes to an investigation report (to hear the statements from the J phone for Witnesses), investigation report (to hear the statements from the K phone for reference), investigation report (the result of execution of a written request for financial transaction information from a suspect A);

1. Article 85 (1) of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State on Criminal Facts and the Selection of Punishment;