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(영문) 대전지방법원 천안지원 2013.11.08 2013고단922
국가유공자등예우및지원에관한법률위반
Text

Defendants shall be punished by imprisonment for one year.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

D was cut off on the left-hand side in the Korean War, and was discharged from military service, and was determined by the Act on the Honorable Treatment of Persons of Distinguished Service to the State from January 1, 1981, and was missing from January 1987 when receiving monetary compensation from the State since January 1981. Defendant B was the birth of the above D, and Defendant A was the wife of Defendant B.

No person shall receive compensation under the above Act by fraud or other improper means.

The Defendants, even though the above D was missing from around 1987 and became unable to receive and use the above compensation, and did not have obtained permission from D with respect to the receipt and use of the above compensation by proxy, the Defendants continued to receive and withdraw the compensation from the above account with the intention to use it as living expenses, etc., on the ground that the above compensation was held by the head of the passbook (E) in the name of D which the above compensation is deposited, and was aware of the password.

After that, the Defendants withdrawn KRW 1,525,00 for D deposited into the above account on January 2008, and used it as living expenses, etc. from around that time to February 2013, the Defendants withdrawn KRW 103,696,000 for total amount of compensation as shown in the annexed crime list.

As a result, Defendants conspired to receive compensation for persons who have rendered distinguished services to the State by fraud or other improper means.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F, G, and H;

1. Each investigation report and investigation report;

1. A copy of a letter of business trip;

1. Application of Acts and subordinate statutes to a copy of a recording card of a person eligible for assistance;

1. Article 85 (1) 1 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, Article 30 of the Criminal Act and selection of imprisonment for a crime;

1. The defendants received compensation throughout the long-term period of time in the grounds for sentencing under Article 62(1) of the Criminal Act.

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