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(영문) 수원지방법원 여주지원 2016.11.29 2016고단167

국가유공자등예우및지원에관한법률위반

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

Where any person who has rendered distinguished services to the State or his/her bereaved family member or family member dies, he/she shall report to the Minister of Patriots and Veterans Affairs without delay, as prescribed by Ordinance of the Prime Minister, and no person shall receive the legal compensation for honorable treatment and support of persons who have rendered distinguished

Nevertheless, on January 22, 2004, the Defendant received veterans' benefits as the bereaved family members of a soldier or policeman killed in action, without reporting C's death to the competent veterans' office, even though the mother C died at the E Hospital located in Gyeonggi-si D, and received veterans' benefits totaling KRW 160,106,000 over 136 times from that time to July 15, 2015, in the Defendant's dwelling located in Gyeonggi-si F in Gyeonggi-si F, as shown in the list of crimes.

Accordingly, the defendant received veterans' benefits by fraud or other improper means.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A copy of a death diagnosis document;

1. A copy of the certificate of cremation;

1. A detailed statement of the compensation received;

1. Inquiry into the ledger of indemnities payment;

1. Application of Acts and subordinate statutes of the investigation report (a basic certificate and a certified copy of the register attached toC);

1. A sentence shall be imposed in light of the unfavorable circumstances, such as Article 85(1)1 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, Article 85(1)1 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, the defendant's ground for sentencing of imprisonment with prison labor for more than 11 years, exceeding 160 million won, and

In determining the term of punishment, it is so decided as per Disposition in consideration of the favorable circumstances such as the defendant's time to commit his/her crime and reflects the fact that he/she has no record of being punished for the same kind of crime, and there is no record of punishment exceeding the fine for the same kind of crime, and other circumstances such as the defendant's age, family environment, motive for committing a crime