Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[2018 high-level 113] When a beneficiary B of a basic pension dies, the Defendant shall report the fact to the head of the Si/Gun/Gu within 30 days, as prescribed by Presidential Decree. Nevertheless, Defendant A received a total of 6,839,210 basic pension from March 2012 to November 2016 without reporting the death of the mother B (parent) who died on February 07, 2017 to the head of the Si/Gun/Gu. However, Defendant A received a total of 6,839,210 basic pension from March 2, 2012 to November 2016 [2018 high-level 1262] Defendant is the head of the Si/Gun/Gu of the beneficiary of the basic pension who died.

When a person entitled to a basic pension dies, such person shall report the fact to the head of the Si/Gun/Gu within 30 days, as prescribed by Presidential Decree.

Nevertheless, the Defendant did not report the death of father C who died on November 15, 2010 to the head of the competent Gu and received the pension of KRW 7,929,660 in total from December 201 to November 201, 2016 (old age) in a bank account in the name of C.

As a result, the Defendant received basic annual pay by fraud or other improper means.

Summary of Evidence

[2018 High Court Decision 113]

1. Statement by the defendant in court;

1. A written accusation, a written diagnosis of the beneficiary’s death (B), and a details of fraudulent supply and demand (B)

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Application of Acts and subordinate statutes, such as a written accusation, C death diagnosis, details of fraudulent receipt, family relation certificate, etc. (A, E, F);

1. Article 29(3) of the relevant Act and Article 29(3) of the former Basic Pension Act (amended by Act No. 14881, Sep. 19, 2017; hereinafter collectively, the same shall apply) regarding criminal facts and the selection of punishment

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;