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(영문) 의정부지방법원 2019.02.01 2018고단1514
독립유공자예우에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

While the Defendant died on January 7, 2006 when he received the veterans' benefits from the Ministry of Patriots and Veterans Affairs in accordance with the Act on the Honorable Treatment of Persons of Distinguished Services to Independence, the Defendant did not report the death of the said B and did not receive the veterans' benefits pursuant to the relevant Acts and subordinate statutes, but did not notify the public officials of the said death and did not receive the veterans' benefits as if he were alive.

Accordingly, the Defendant received KRW 1,054,00 from the account under the above B without notifying the death of B around February 2006 as well as the amount of KRW 1,054,00 from around that time to January 2014, the Defendant received KRW 121,409,00 in total for 96 months as indicated in the “the details of the benefits of the unlawful reception of veterans.”

As a result, the Defendant received compensation by false or other unlawful means.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written accusation for the preparation of the head of Gyeonggi-do Veterans Site;

1. Requests for investigations into the unlawful recipients of veterans' benefits;

1. To obtain an investigation report (to obtain veterans' benefits from the payment account);

1. Investigation report (acquisition of basic certificate);

1. A report on investigation ( obtaining a written investigation report on a corpse);

1. Submission of materials requested for investigation;

1. Inquiry into the original register of compensation payments - Inquiry into excess data;

1. Payment notices and receipts;

1. Issuance of a certificate of request for investigation (basic certificate);

1. A written result of autopsy;

1. A copy of a bankbook;

1. Copy of the family relation certificate;

1. Application of Acts and subordinate statutes concerning resident registration;

1. The amount of veteran's benefits acquired by the Defendant from the State is a large amount of up to 121,409,000 won, and the period during which the Defendant committed the crime is up to 8 years (96 months). The illegality of the crime is significant.

Nevertheless, most of the damages have not been paid.

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