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(영문) 서울동부지방법원 2014.03.27 2013고단3037
국가유공자등예우및지원에관한법률위반
Text

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

except that 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 person shall receive any compensation under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State by fraud or other improper means, and shall report to the Minister of Patriots and Veterans Affairs without delay if a bereaved family member or

Although the Defendant, as a bereaved family member of a person of distinguished service to the State, died on March 18, 2010 and was no longer entitled to veterans benefits, the Defendant received the total amount of KRW 52,148,000 from March 2010 to July 2013, 200 on the ground that: (a) the resident registration number (C) registered in the Ministry of Patriots and Veterans Affairs and the resident registration number (D) registered in the said Ministry of Patriots and Veterans Affairs was different in their daily life; and (b) the said Ministry of Patriots and Veterans did not report the death in B; and (c) the Defendant unlawfully received the total of KRW 52,148,000 from March 2010 to July 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes on details, certified copies, family relation certificates, and basic certificates of veterans' benefits;

1. Article 85 (1) 1 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2006);

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