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(영문) 수원지방법원 2017.08.10 2017고정1202

남북교류협력에관한법률위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

If South Korean residents intend to visit North Korea, they shall obtain approval of visit from the Minister of Unification, as prescribed by Presidential Decree, and shall not obtain approval of visit from the Minister of Unification by fraud or other improper means.

Although workers C and D were not employees of E, the Defendant had the mind to apply for North Korea as if the above workers were employees of the GIC cooperation company, which is represented by F, in order to promptly put into the construction site located in the GIC.

On June 2015, the Defendant requested F to request F to the Geumcheon-gu Seoul Metropolitan Government E Office, Co., Ltd., Ltd. for F management in Geumcheon-gu, Seoul, as if C and D were employees of E Co., Ltd., and F to comply with this request, ordered C and D to request H to file an application as if C and D were employees of E Co., Ltd., and C and D submitted documents necessary for filing the application at H’s request.

Accordingly, in collusion with F, C, and D, the Defendant filed a false application for North Korea with the companies belonging to C and D in the above manner, and obtained approval from the Minister of Unification on the 16th of the same month and the 30th of the same month respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by the prosecution against C, D, or F;

1. Status of entry and departure of each individual (C, D);

1. A certificate of acquisition or loss of D qualifications;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 27 (1) 2 and Article 9 (1) of the Inter-Korean Exchange and Cooperation Act concerning the facts constituting an offense, Article 30 of the Criminal Act, and the choice of fines, respectively;

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;