A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant died of B around December 4, 2009, while he was living together with his mother B, who was receiving veterans' benefits from the Ministry of Patriots and Veterans Affairs.

When the Defendant died on or around December 4, 2009, the Defendant reported the death of B to an administrative agency, and received KRW 44,517,000 from that time for seven months in total from March 13, 2015, including that the Defendant received KRW 1,097,000 from the Ministry of Patriots and Veterans Affairs by means of concealing the fact of death, such as failing to report the death of B from the administrative agency and the Minister of Patriots and Veterans Affairs on January 15, 2010, in a manner that conceals the death of B, while pretending that B remains alive.

Accordingly, the defendant received veterans' benefits by fraud or other improper means.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes to a death certificate, a report on the verification and survey of beneficiaries of veterans' benefits, details of overpaid or erroneously paid benefits, and 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, concerning facts constituting an offense (generally and collectively, selection of imprisonment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a criminal defendant who has no criminal records has divided his/her wrongs and has returned all of the aforementioned excessive wages);