The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: although the Nationality Act of North Korea does not stipulate the methods of renouncement of nationality in addition to the filing of a petition for expulsion of nationality to the Standing Committee of the Supreme People's Committee, it can lose the nationality of North Korea by selecting a foreign nationality and escaping from North Korea's nationality; and if the Chinese Nationality Act prohibits dual nationality, it can recover the Chinese nationality.

Since the Defendant recovered from North Korea and lost the nationality of North Korea in China, the Defendant received support by false means even though he/she does not constitute North Korean defectors defined in Article 2 (1) of the North Korean Refugees Protection and Settlement Support Act (hereinafter “North Korean Refugees Act”).

Nevertheless, the judgment of the court below, without examining the above possibility, judged that there is no way to waive the North Korean nationality, and thus it is impossible to recover the Chinese nationality under the Chinese Nationality Act prohibiting double nationality, and there is an error of misconception of facts that acquitted the defendant of

2. A summary of the facts charged was born in China around March 1960, and around 1975, the Defendant returned to China the former Chinese nationality after escaping from China to North Korea on around 2001, and entered Korea on December 14, 2007 after obtaining a passport as a Chinese national.

On June 30, 2008, the defendant knew that the settlement subsidy would be paid to North Korean defectors, despite being Chinese national, and surrendered and voluntarily surrendered to the Seoul Western 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 Ministry of Unification settlement support division in the Republic of Korea, the defendant 400,000 won as settlement money on January 30, 2009, and the same year.

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

7. A person who receives KRW 300,000 and receives KRW 400,00 as a vocational training subsidy on December 1, 2010 and acquires the qualification subsidy.