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(영문) 수원지방법원 2015.03.26 2015고단83
북한이탈주민의보호및정착지원에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No one may receive protection and support under the Act on the Protection and Settlement Support of Residents escaping from North Korea by deceit or other unlawful means.

The Defendant, at the Cheongjin-si, B, Cheongjin-do, who was born between father C and mother D with Chinese nationality, was "E" and entered the Republic of Korea on August 8, 2008, when he went from North Korea to China around 2007.

Nevertheless, the Defendant, at the Central Joint Examination Center around August 2008, made a false statement on the Defendant’s personal information, such as stating “G” and “H,” and recognized as North Korean defectors. On September 23, 2008, the Defendant was determined by the Ministry of Unification as a person eligible for protection pursuant to the Act on the Protection and Settlement Support of North Korean Refugees from the Ministry of Unification on September 23, 2008, and was provided with housing subsidies of KRW 2,156,00 on November 13, 2008, early settlement subsidies of KRW 3,000, early settlement subsidies of KRW 10,84,000, and housing subsidies of KRW 10,84,000 on March 24, 2009, from February 24, 2009 to August 3, 2009, including settlement allowances of KRW 19,000,000.

Accordingly, the Defendant received subsidies of KRW 19,000,000 from North Korean defectors by deceit or other unlawful means.

Summary of Evidence

1. Defendant's legal statement;

1. Details of providing settlement allowances to residents escaping from North Korea and notices of decisions on protection;

1. Application of Acts and subordinate statutes such as basic certificate;

1. Article 33(1) of the former Act on the Protection and Settlement Support of Residents escaping from North Korea (amended by Act No. 10188, Mar. 26, 2010; hereinafter the same shall apply), Article 33(1) of the former Act on the Protection and Settlement Support of Residents escaping from North Korea, which

1. Article 62 (1) of the Criminal Act on the suspension of execution (the reflective points, the primary point, the details of crimes, etc.);

1. Article 33 (3) of the Act on the Protection and Settlement Support of Residents escaping from North Korea who are additionally collected;

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