A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On September 4, 1981, the Defendant married with a person of distinguished service to the State (Grade 1 in the line of duty), but died on March 31, 2002, and was married with C on December 6, 2003, and became disqualified as a bereaved family member or family member of a person of distinguished service to the State.

Nevertheless, the Defendant, without reporting it, received KRW 49,502,00 in total 44 times from the State veterans' office in the residential areas, such as Dongjak-gu Seoul Metropolitan Government D, from February 15, 2013 to September 29, 2016, as indicated in the list of crimes in the attached Table, as the spouse's veterans' benefits.

As a result, the Defendant received compensation under the Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State by fraud or other improper means.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's statutory statement (as at the second public trial date), accusation documents (as at the second public trial date), official notices of the scheduled seizure, notices of seizure and demand documents, official notices of demand for payment of overpaid or erroneously, official notices of demand for payment of overpaid or erroneously, official notices of demand for payment of overpaid or erroneously, report on changes in the personal details of the report on the occurrence of overpaid or erroneously paid overpaid or erroneously, family relation certificate,

1. Article 85(1)1 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, etc. who have been subject to the choice of punishment (amended by Act No. 15028, Oct. 31, 2017) and the choice of imprisonment with prison labor

1. Fully taking account of the following circumstances: (a) the amount of the veteran’s benefits received by the Defendant by unlawful means for sentencing under Article 62(1) of the Criminal Act; (b) the amount of the veteran’s benefits received by the Defendant is large; (c) if the Defendant lost eligibility for benefits, the Defendant’s child would have acquired the eligibility for benefits; (d) the amount equivalent to the amount of the erroneous payment would have been distributed to the Republic of Korea branch office of the Republic of Korea (Seoul Southern Branch Office of Disposition Office of the Republic of Korea) by the holder of the right to seize the real estate held by the Defendant; (e) the Defendant was the first offender with no record of criminal punishment; and (e) the Defendant’s age, sex, environment, background of the