B. Whether the "prior report" under Article 5 (2) of the Foreigner's Land Acquisition Act is a "restriction on the acquisition of property rights by a foreigner" under Article 12 of the Act on the Aggravated Punishment, etc. of Specific Crimes (affirmative)

B. Article 5(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes also provides that "The prior report is limited to the acquisition of property rights by a foreigner" under Article 12 of the Act on the Aggravated Punishment, etc. of Specific Crimes. Thus, if a registration of ownership transfer was made in the name of the defendant on the land acquired without a prior report to the Minister of Home Affairs for the Japanese person, even if it was made in the name of the non-indicted, it constitutes punishment of Article 12 of the Act

1. In light of the records, each of the facts charged in paragraphs (1) and (2) of the judgment of the court below against the defendant, which the court below held, is acceptable, and there is no violation of the rules of evidence, such as the theory of lawsuit, in the process of documentary evidence, and there is no ground for appeal.

2. According to Article 2 (1) of the Act on Temporary Measures for Appointment and Dismissal of Officers of Agricultural Cooperatives (Act No. 2430, Dec. 30, 1972) which was enforced around June 1978 when the defendant arranged to appoint a Dong as a head of the Gun agricultural cooperative, which was held in the judgment of the court below, the head of the National Agricultural Cooperative shall be appointed with the approval of the Minister of Agriculture and Forestry. Thus, even if the head of the National Agricultural Cooperative Federation or the head of the Do branch is not a public official under Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Minister of Agriculture and Forestry, who is the approval authority, is clearly a public official under the above Act, and the appointment of the head of the Gun cooperative cannot be appointed unless the appointment is approved, and the appointment belongs to the official duties of the public official under Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and therefore, the court below's judgment is justified in the misapprehension of legal principles as to the defendant's criminal facts.

3. Article 5 (1) of the Foreigner's Land Acquisition Act provides that if a foreigner intends to acquire the right to land, he shall obtain permission from the Minister of Home Affairs under the conditions as prescribed by the Presidential Decree. Paragraph (2) of the same Article provides that the acquisition of the right to land not exceeding 660 square meters for the purpose of using only one house for one household in an area prescribed by the Presidential Decree, notwithstanding the provisions of the same paragraph, may be made only by a prior report. Article 13 of the same Act provides that all persons who violate the provisions of Article 5 (1) and (2) of the same Act shall be punished. In light of the purport of Article 8 and Article 10 (2) of the Enforcement Decree of the Act on the Aggravated Punishment, etc. of Specific Crimes, it is reasonable to interpret that the prior report on the acquisition of property right by a foreigner under Article 12 of the Act on the Aggravated Punishment, etc. of Specific Crimes is limited in the case of the acquisition of the right to land under the name of the defendant for the purpose of the non-indicted 1's land under the name of the court below.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yoon Il-young (Presiding Justice)