여권불실기재등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) was that the defendant obtained a Chinese passport under the name of a person without permission and obtained the Korean passport under the name of a person without permission and without permission, and obtained the Korean passport. The above acquisition of nationality and issuance of the passport of the defendant are all invalid.
The judgment of the court below which acquitted all of the defendants on the ground that the defendant's act of entering or departing from the Incheon Airport by using a passport in the name of a person without permission, despite being well aware of such fact, constitutes a crime of false entry in and uttering of a passport, and a crime of violation of the Immigration Control Act, is erroneous in the misapprehension of legal principles.
2. Determination
A. The summary of the facts charged is the nationality of the People's Republic of China, and the defendant was to marryed by introducing the nationality C (D) of the Republic of Korea from her husband B who was married with her husband B, but the contact with the above B was interrupted, thereby making it impossible to proceed with the divorce procedure, and married with the above C in the name of another person through laundry of status.
The Defendant issued a Chinese passport in the name of “E (F, G, and K)” from the Chinese passport in the name of “E (F, G, and K) where his photograph is attached to the issuing authority of the Chinese Ministry of Foreign Affairs, and issued a Chinese passport in the name of “E (F, G, and K)” on August 31, 2001, after married with the above C, issued the visa on January 2, 2002 to the Chinese passport in the above “E (F-1), and around January 8, 2002, the Defendant presented a visa in the name of “E (F-1)” in the process of entry inspection at the Incheon Airport Immigration Immigration Control Office around January 8, 2002 to the Chinese passport in the name of “E (F, G, and K) and the visa in the name of “E (F-1).”
Since then, the defendant died on December 18, 2003 by the above C, who is the spouse of the defendant, the nationality of the Republic of Korea and the nationality of the Republic of Korea to the Ministry of Justice on April 22, 2005.