북한이탈주민의보호및정착지원에관한법률위반등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
피고인은 B 군사분계선 이북지역인 함경남도 북청군 C에서 亡父 D(81세)과 生母 E(80세) 사이의 4남 3녀 중 막내로 출생하여 1998. 6. 12. 두만강을 도강해 중국으로 탈북하여 체류하다
Persons who entered the Republic of Korea on March 25, 2011.
1. The “North Korean Refugees Protection and Settlement Support Act” in the Act on the Protection and Settlement Support of Residents escaping from North Korea may not be determined as a person eligible for protection in the country of sojourn, and shall not be subject to protection and support under the said Act by fraud or other improper means.
On June 12, 1998, the Defendant went away from China, and married with China F(1975) and brought about G(H) in China, living in the same sex of China. On March 25, 2011, the Defendant resided in China, a country of sojourn, for about 12 years and 9 months.
The defendant, who has been staying in China, had been selected by Ministry of Unification as a person eligible for protection for the purpose of receiving support, etc. by deceiving the living period of up to 10 years, which is a staying country, in a false manner.
On March 25, 2011, the Defendant, upon receiving a normal visa from one’s own Chineseho-gu, entered the Incheon Airport through the Incheon Airport. On May 11, 2011, the Defendant revealed that he/she was the North Korean defectors by finding the Gyeonggi-do Eunpyeong Police Station around two months, and that he/she was the North Korean defectors. In the course of a joint information investigation on North Korean defectors, North Korean defectors, his/her place of stay, etc. at the National Intelligence Service Center, the Defendant made a false statement that he/she escaped from the Republic of Korea on June 12, 2003, five years after the date of the actual escape, to receive the decision on protection and government support, and was designated as the North Korean defectors on August 19, 2011.
The Defendant stated the aforementioned false matters and was selected as a person eligible for protection of North Korean defectors on October 4, 201, and thereafter 3,000,000 won as the initial settlement money from the Government on October 4, 201, and the security deposit on October 14, 201.