logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.10.01 2018고단4861
북한이탈주민의보호및정착지원에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

1. No person who violates the Act on the Protection and Settlement Support of North Korean Residents may be entitled to receive protection and support under the Act on the Protection and Settlement Support of North Korean Residents by fraud or other improper means;

In fact, the Defendant was a Chinese national residing in the area north of the Military Demarcation Line (hereinafter “North Korea”), and entered the Republic of Korea through the Incheon Airport on January 5, 2017, via the Chinese, Lao, and Thailand. However, in the course of being investigated in the internment facility after entry, the Defendant was recognized as a North Korean resident by hiding the fact that the name of the Republic of Korea is “A” as a Chinese national, and by making a misrepresentation of his/her status as “B” with the North Korean nationality. However, the Defendant was proceeding until May 2017, but was discharged into society after completing social adaptation education.

As above, the defendant obtained recognition as North Korean defectors, the Ministry of Unification decided the defendant as a person eligible for protection under the Act on the Protection and Settlement Support of North Korean Residents. On May 19, 2017, the defendant received 17,105,000 won from the Ministry of Unification in terms of early payment and housing support from the Ministry of Unification on May 19, 2017, and applied for basic livelihood security from that time to that time, and is designated as a "North Korean deserting resident who has difficulty in living" under the same Act as a "North Korean escaping resident who has left

Accordingly, on June 30, 2017, the Defendant received 21,383,850 won in total under the name of settlement support, living benefits, housing benefits, etc. over 13 occasions from September 20, 2017, as shown in the list of crimes in the attached Table, as well as payment of basic livelihood benefits 91,760 won to North Korean defectors with the agricultural bank account under the false name B, a disguised name B.

As a result, the Defendant received a total of KRW 21,383,850, including principal, etc. of the settlement site under the North Korean Residents Protection and Settlement Support Act by fraud or other improper means.

2. False entry, such as electronic records, etc.;

arrow