Legal principles of Articles 10(3) and 13 of the Emigration

Where the defendant collects excessive expenses from the requesting party in the course of illegal business handling through illegal procedures, such as forgery of documents related to disguised marriage with U.S. military personnel, the defendant shall not be subject to the violation of the above provision of this Act because approval of the criteria, such as the fees of the director of the Bos

Article 10(3) of the Emigration Act, Article 13 of the Emigration Act

Defendant

Defendant

Seoul Criminal District Court (81 Gohap816)

The judgment of the court below is reversed.

Imprisonment with prison labor for 8 months, 6-A, 6-B, and 3-A, 3-2, 4-2, 5-2, 5-1, 5-2, 6-2, and 6-2 of the holding that the defendant shall be punished by imprisonment with prison labor for 6 months.

The number of detention days prior to the pronouncement of the judgment below shall be 85 days as shown in the 6A, B, and C.

Goods seized in the attached list shall be forfeited from the accused.

The charge of violating the Emigration among the facts charged is not guilty.

The first point of the grounds for appeal by the defendant's defense counsel is the case of "a crime for which judgment has become final and conclusive" under the latter part of Article 37 of the Criminal Act, and thus, the court below determined and sentenced a separate punishment for the part of the crime at the time of original adjudication committed before the above final judgment. The judgment of the court below erred by misapprehending the legal principles as to concurrent crimes under the latter part of Article 37 of the Criminal Act, which affected the conclusion of the judgment, and the second point of

First of all, when a summary order on the grounds of appeal against the above violation of the law becomes final and conclusive, the summary order has the same effect as the final and conclusive judgment (Article 457 of the Criminal Procedure Act) and the latter part of Article 37 of the Criminal Act (Article 457 of the Criminal Procedure Act) is limited to the case where imprisonment without prison labor or heavier punishment is final and conclusive, and there is no ground to interpret the grounds of appeal against the above violation

Under Article 10 (3) of the Emigration Act, prior to the judgment on the grounds for appeal of unfair sentencing, the Foundation shall not receive money, valuables, or other remuneration, regardless of the name, except for the expenses approved by the Minister of Health and Welfare, such as fees and communication fees necessary for emigration business with the permission of the Minister of Health and Welfare. Article 13 of the same Act provides for penal provisions for persons who violate the above Article 10 (3) of the Emigration Act. Article 10 (3) of the same Act provides that the Minister of Health and Welfare shall approve the appropriate amount of expenses. In light of the foregoing, it is reasonable to interpret the provision for regulating the cases of excessive collection of expenses. The summary of the charges of violation of the Emigration Act is that the court below did not affect the conclusion of the judgment by misunderstanding the legal principles as to the above Article 10 (3) of the Emigration Act, and thus, it does not constitute an unlawful act of violation of Article 10 (1) of the same Act without the permission of the Minister of Health and Welfare, and thus, it does not constitute an unlawful one of the parties to the Emigration.

Therefore, the judgment of the court below is reversed ex officio by applying Articles 364(2) and 364(6) of the Criminal Procedure Act, and a member is again decided

On May 18, 1981, the Defendant was sentenced to a fine of 30,000 won for the violation of the Road Transport Vehicles Act at the government branch of the Seoul District Court's Seoul District Court's order on June 16 of the same year, and was confirmed by a summary order on June 16 of the same year, and was engaged in the business by opening an agency office for emigration overseas in the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company

1. On December 12, 1979, at around 13:00 on the date, the seal of a public official or a public office is forged by manipulating one (No. 19) and one (No. 20) which is the senior clerk of the Suwon Branch Branch of the Seoul District Court, upon request of the owner of the seals affixed to his name, for the purpose of uttering in the middle-gu office building in the middle-gu office building located in the Jung-gu Seoul Central District Court, Jung-gu, Seoul Central District Court;

2. Of November 1, 1979, Nonindicted 3, the international marriage of the Republic of Korea, from Nonindicted 4 to June 1978 at the same office around 15:00, at the request of Nonindicted 4, to handle the affairs so that he/she intends to move to the United States without any contact. Upon receipt of a request from the Seoul 8 military headquarters, he/she submitted his/her marriage permission to another US military personnel and file his/her application for visa. At the same office around 17:00 on March 20, 1980, he/she shall refer to the copy of the conciliation protocol of the case where he/she filed an application for divorce with the Seoul District Court's branch, referring to the copy of the conciliation protocol, referring to the copy of the conciliation protocol of the Seoul 4, 7940 applicants for the Government of 5, 1978 and the non-indicted 4, and the copy of the conciliation protocol of each of the Seoul 5,000 branch court.

3. A. At around 11:00 on March 14, 1980, when Nonindicted 9, who requested the defendant to emigrate to overseas at the time at the above office of the defendant, lost the passport issued at that time, he wanted to confirm, by himself, that he reported the matters recognized, such as the permanent domicile, address, name, date of birth, etc. of Nonindicted 9, and the fact that the passport was lost, at the 16th pitum site, with the intention of using the passport to be reissued, and then, he was in possession of “Saju Police Station Chief 10” (Seizure 23) and “Saebum Chief 10” and “Sabum Chief ” respectively at the back of the document and forged a copy of the certificate of report on the loss of the passport, which is an official document under the name of the head of Saju Police Station in the name of

B. At around 09:00 on April 14, 19 of the same year, Nonindicted 9 were the same office to deliver the most true certificate of the report on the loss of the passport to Nonindicted 9, and to have him receive it from the Ministry of Foreign Affairs to submit it to the Ministry of Foreign Affairs;

4. (a) On January 18, 1981, at the same office around 11:00, each seal of Non-Indicted 2, including Non-Indicted 11 (No. 10) and Non-Indicted 11 (No. 11) and Non-Indicted 11 (No. 11) of the medical doctor’s license in English, using the English name in order to obtain the marriage permission and the issuance of visa by Non-Indicted 2, to use the English name in the relevant column of the medical certificate for the purpose of enabling the marriage of Non-Indicted 2, and to use it in English, the (name omitted) the health certificate of Non-Indicted 11 of the private document in the name of Non-Indicted 11 of the original doctor of the medical doctor’s license (name omitted) and the (name omitted) in English.

B. At around 19:00 of the same month, the above health certificate was pretended to be duly formed by Nonindicted 12, and was given together with the necessary documents to obtain an international marriage permit with the Dong and Nonindicted 2, such as a certified copy of the family register, a personal identification report, etc. of Nonindicted 2, and it was difficult to obtain the international marriage permit from Nonindicted 2, and exercised it by allowing the Dong to submit it to the U.S. military headquarters marriage department;

5. A. On May 20, 200 of the same year, at the same office around 11:00 of the same year, Nonindicted 12 was obligated to support Nonindicted 2 and 3 children in the English financial guarantee form using the English name for the purpose of events, and was responsible for the necessary expenses among them in order to make them permanently reside in the U.S., and signed as Nonindicted 12 in English at the bottom of the document, and forged a letter of financial guarantee, which is a private document under the name of the same person, by signing as Nonindicted 12 in English at the back of the document, in the signature of the applicant at the bottom of the document.

B. Then, after signing as Nonindicted 13 in English at the bottom of the private document at the signature column of the legal officer at the bottom of the same private document, the name of the legal officer at the bottom of the forgery, “A notary public of the law officer at the 2nd order camp Happ Hap Hap Hap Hap 2 (No. 2) who was in possession of the signature, shall forge one copy of a notarized financial guarantee statement, which is an official document in the name of Nonindicted

C. At around 11:00 on May 6, 190 of the same year, Nonindicted Party 2, who is aware of the fact, as Nonindicted Party 2, has the Embassy of the United States in Korea, submit a forged financial guarantee document to the Embassy of the United States in receipt of the document, which was duly formed with any other visa application document, to the consul of the said Embassy, and exercise a forged official document;

6. (a) On June 6, 1981, at the same office around 11:00, Nonindicted 14, in the same manner as the above 5-A and the above-mentioned B-A-B-B-B-B-B-B-B-B-B-C-B-B-C-B-C-B-C-B-C-B-S-B-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

B. Next, after signing as Nonindicted 13 at the bottom of the private document at the signature column of the law officer at the same time, the law officer at the same law officer at the pressure of the notary (No. 2) and forging one copy of a notarized statement of financial guarantee, which is an official document in the name of Nonindicted 13, and

C. At around 11:00 on July 13, 13 of the same year, Nonindicted Party 1 submitted to the Embassy of the United States in Korea, as Nonindicted Party 1, in the manner described in paragraph 5(c) above, and used a forged official document.

The remainder of the facts stated in the judgment except that a summary order has been issued;

1. Statement corresponding to it in the protocol of the original trial; and

1. Each statement of the suspect interrogation protocol prepared by the prosecutor against the accused and the non-indicted 2, which conforms to the relevant part of the judgment

1. Statement that conforms to the facts set forth in Article 5-A of the judgment among the confirmation certificates for Nonindicted 15 preparation of mileage in the police station of the Pakistan;

1. Each description of the investigation records prepared by the doctor of the Public Security Headquarters and the Inspector, from 116 to 130 pages, 174 to 175 pages, 186 to 212 pages, 213 to 250 pages, 251 to 259 pages, and 267 to 269 pages, which correspond to the relevant parts of each investigation report filed respectively;

1. Descriptions and existing descriptions of a copy of the above financial guarantee statement against Nonindicted 1 and 2 bound on each page 16, 17, 105, and 106 of the investigation records;

1. In full view of the following facts: one rubber (No. 2), (No. 9), one rubber (name omitted), Nonindicted 11 rubber (No. 10), one rubber (No. 11), one rubber (No. 12), one rubber (No. 12) rubber (No. 14), one rubber (No. 14), one rubber (No. 19), one (No. 19), the assistant senior clerk, the branch clerk, the branch clerk of the Seoul District Court, the branch court of the Seoul District Court, and one (No. 20), which is the assistant clerk of the branch court of the Seoul District Court, and one (No. 20), which is the assistant assistant of the branch court of the Seoul District Court, and one (No. 10), which is the rubber (No. 23), Nonindicted 10 rubber (No. 24), a copy of the conciliation protocol, and a copy of the summary order (No. 261, No. 3616) as indicated in the judgment below.

(1) Each of the crimes listed in the judgment of the defendant 1 shall be included in the first, fourth, fourth, fifth (the first, fifth, fifth, fifth, third, and fourth, fifth, third or fourth, half or more of the crimes listed in the judgment of the court) against the defendant 1's non-indicted 5 (the first, fourth, fifth, third or half of the crimes listed in the judgment of the court), the second, fifth or half of the aforesaid crimes (the first, fifth, third or half of the crimes listed in the judgment of the court) against the non-indicted 5 (the first, fifth, third or half of the crimes listed in the judgment of the court), the second, fifth or half of the aforesaid crimes against the non-indicted 5 (the first, fifth, third or half of the crimes listed in the judgment of the court), and the second, third or half of the aforesaid crimes against the non-indicted 5 (the second, third or half of the crimes listed in the judgment of the court) against the non-indicted 1) against each of the crimes listed in the judgment.

The summary of the facts charged as to the violation of the Emigration is as follows: the Defendant established an exclusive overseas emigration office in the Gyeonggi-gun, Inc., the Foundation 18, from October 1, 1976 to the Gyeonggi-do, in which Nonindicted Incorporated Foundation 18, on behalf of Nonindicted Incorporated Foundation 18, in connection with the business of emigration to the area of the strike, on behalf of Nonindicted Incorporated Foundation 18, in order to perform the business of emigration to the area of the strike.

(1) On August 2, 1980, at around 14:00, Nonindicted 1, 200, he/she wishes to move to the United States at the time when he/she was married with his/her spouse who was in a disguised marriage with the United States and consented to the request of the United States for moving to the United States, and then color the appropriate United States at the office of the defendant on February 2, 1981, he/she introduced Nonindicted 14, and this woman was desired to move to the United States, and this woman was 00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,00,000,000,00,000,00,000,00,000,00,000,00,00.

(2) On September 23, 1980, at the above office of the defendant 10: around 10, 100, after receiving illegal solicitation such as the preceding paragraph from non-indicted 2, the defendant's entry in the above office of the defendant 10: around 20:0, the non-indicted 12 who worked for the second group of the office at around 10:0, while introducing non-indicted 2, the non-indicted 12 as stated in the preceding paragraph, the defendant's entry in the above office of the non-indicted 10: around 0, 00, the non-indicted 2 and the non-indicted 3's non-indicted 10: The defendant's non-indicted 3's non-indicted 9's non-indicted 10's non-indicted 10's non-indicted 10's non-indicted 3's non-indicted 9's non-indicted 3's non-indicted 10's non-indicted 3's non-indicted 10's non-indicted 10's non-3's non-indicted 10's.

It is so decided as per Disposition for the above reasons.

Judge final (Presiding Judge) Kim Jong-dae et al.