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(영문) 서울중앙지방법원 2018.10.04 2016고정2439
북한이탈주민의보호및정착지원에관한법률위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The summary of the facts charged is that the defendant, who was born in China on March 1960 and returned to North Korea on 1975, and returned to North Korea his parents, who were North Korea, the defendant restored his former Chinese nationality to China on 2001, and was issued a passport and entered Korea on December 14, 2007.

On June 30, 2008, the defendant knew that the payment of settlement subsidy would be made to North Korean defectors, despite being the Chinese enemy, and could disguised the status of North Korean defectors at the Seoul Suwon Police Station on June 30, 2008.

In addition, the defendant acquired the nationality of the Republic of Korea as a North Korean defectors on October 23, 2008, and thereafter, from the division of support for settlement of the Ministry of Unification in the Republic of Korea, the defendant was 400,000 won as settlement money on January 30, 2009, and

4. 30,400,000 won, and the same year.

7. A person who received KRW 400,000 on December 1, 2010 and received KRW 2 million on December 1, 2010 under the pretext of incentives for vocational training and incentives for the acquisition of qualifications.

As a result, the Defendant received support under the North Korean Refugees Protection and Settlement Support Act by false means.

Judgment

1. The summary of the defendant's and his defense counsel's assertion is that the defendant has no foreign nationality, such as China, after escaping from North Korea in 2001, and thus, he can receive support pursuant to the Act on the Protection and Settlement Support of North Korean Residents.

2. Determination

A. The definitions of terms used in this Act are as follows: Article 2 (Definition) of the Act on the Protection and Settlement Support of Residents Deserting North Korea’s Acts and subordinate statutes;

1. The term "residents escaping from North Korea" means persons who have their domicile, lineal ascendants and descendants, spouses, workplaces, etc. in the area north of the Military Demarcation Line (hereinafter referred to as "North Korea"), and who have not acquired any foreign nationality after escaping from North Korea;

(1) A person who falls under any of the following subparagraphs shall obtain the nationality of the Republic of Korea at the same time as he/she is born:

1. The father or mother at the time of birth;

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