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(영문) 의정부지방법원 2016.03.24 2015고단4362

국가유공자등예우및지원에관한법률위반

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant married with the deceased on April 1951, but the deceased C died on June 14, 1952, and was married with D on September 30, 1961, and became no longer a bereaved family or family member of a person of distinguished service to the State.

Nevertheless, on August 29, 1961, the Defendant submitted a family registration report stating that he/she was married on or around April 20, 1945 to the deceased C and on or around April 20, 1965, and received KRW 236,275,400 in total over 618 times from January 1, 1962 to June 14, 2013, as indicated in the list of crimes in the attached Table.

As a result, the Defendant received compensation from the State veteran by fraud or other improper means.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Investigation report (the Military Relief Compensation Act);

1. Annual details of compensation payments;

1. Details on the calculation of the amount of veterans' benefits paid by mistake;

1. A certified copy of each removal from the military register;

1. Application of statutes governing marriage-related certificates;

1. Article 85 (1) 1 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, covering the relevant legal provisions and the choice of punishment for the facts of crime (the choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant received compensation through an illegal means for 51 years and 6 months in 236,275,400, and the Defendant did not have paid compensation at all. In particular, when the Defendant acquired double family register and received compensation for veterans from a person who was killed in the military and was killed in the military, it seems that the Defendant on the married family register with a person other than the State who was killed on October 10, 1975 and reported the death of the Defendant on October 10, 1975, the criminal liability is heavy.

However, considering the fact that the defendant led to the crime of this case and repented his mistake, the age of 87 is the basic living recipient of the citizen, the fact that the recovery disposition is issued by the Suwon Veterans Branch Office, and the defendant has no previous conviction, the punishment shall be determined as ordered by the disposition.