2014 Highest 2886 - 1 (Separation)

(a) Forgery of private documents;

(b) Exercising a falsified investigation document;

(c) False entry, such as public electronic records;

(d) Events such as false entry and public domains; and

E. Performance of official duties by fraudulent means

(f) Violation of the Passport Act;

(g) False entry in a passport;

(h) Fraudulent entry and passport events;

A person shall be appointed.

Kim Jong-soo (prosecutions) and Park Jong-young (Trial)

August 12, 2015

A defendant shall be punished by imprisonment for two years.

Facts of crime

On September 9, 2010, the Defendant was sentenced to six months of imprisonment and two years of grace due to the crime of false entry into public electromagnetic records, etc. at the Busan District Court.

The defendant is a person who, by linking the infants of the Vietnamese couple in illegal stay in the Republic of Korea with those of the married couple in disguised marital relationship, falsely reports the birth of the infants of the married couple in disguised marriage with those of the married couple in the past, leaves Vietnam with a passport issued by the Republic of Korea and makes them depart from Vietnam. The defendant is a person who exercises overall control over the crimes such as gathering persons who will act as a disguised parent by coloring the persons who will act as a disguised parent, delivering various relevant documents, such as report of birth, passport application, etc. to the related persons, and handing over the infants to the disguised

L is a person who recruits a person who plays a disguised parent by making a false birth to a baby of Vietnam upon the request of the defendant M.

N, P and X have falsely reported the birth of the infants of Vietnam's nationality and performed a disguised parent role in returning the infants to Vietnam by departing from Vietnam with a disguised child with a passport issued unlawfully.

1. The defendant, L, and N (hereinafter referred to as "three defendants, etc.") * related crimes *

Defendant, L, and N forged the birth certificate as if they were N’s children, along with their name and incompetence, as if they were N’s children, and drafted and submitted a false birth certificate using the forged birth certificate, and then issued a passport of the Republic of Korea issued by the above infant who was a national of the Republic of Korea, stating the false fact of the quantity of the infant’s children, and entered the Republic of Korea to Vietnam through the Incheon International Airport.

(a) Forgery of private documents;

On April 2013, the name non-exploitation stated N in the column of the birth certificate, N in 1973 (Omission), "Agricultural in the occupational column, *** * in the age column, 'in the occupational column', 'in the occupational column', 'in the occupational column, 'in the occupational column', 'in the occupational column', 'in the address column, '( omitted), 'in the occupational column', 'in the address column of the mother, '(9)', 'in the birth column * 10 days in the birth column * 10 days in the birth column * 20 days in the birth column * 10 days in the name and address column * 20 days in the birth column * 5 days in the birth column * 20 days in the birth column * 3 days in the name and address column 5 days in the birth column.

Accordingly, the defendant et al. conspired with the name in collusion * a private document * a medical center's birth certificate.

(b) Exercising a falsified investigation document;

N around April 8, 2013, around L, the Defendant, L, as described in Section 1-A of the above paragraph, entered the forged birth certificate, and submitted it to the person who is the public official in charge of the report of birth, who is aware of the forgery at the tin-Myeon office located in the tin-ro 55, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do on the same day.

Accordingly, the defendant et al. conspired with the name in collusion ** the birth certificate in the name of medical center.

(c) Any false entry into public electronic records, and any event such as false entry into public electronic records;

N submitted a false birth report prepared by L as if he gave birth to the above 1-b, at the time and at the place described in the above 1-b, one person in fact between the Vietnam's nationality and the Z, to a sexually defective person, who is a public official in charge of the report of birth of the above tiny office, who is aware of the forgery, and had the above person in trust enter the birth in the record system such as the family relation, etc., which is a public electronic record, and thereafter exercised the public electronic record containing false facts by preserving the above public electronic record stating the false facts as above.

As a result, the defendant et al. conspired with his name in order to enter false facts in the family relation registration system, which is a public electronic record, and exercised it by allowing the defendant et al. to preserve it.

(d) The obstruction of performance of official duties by fraudulent means, the violation of the Passport Act, and the false entry into a passport;

N on April 26, 2013, at the public service center of the Dong-gun, Cheongnam-do, Dong-do, 33 at the expense of the Dong-gun, Chungcheongnam-do, N, a person who is not N, but is unable to acquire the nationality of the Republic of Korea, but is reported falsely to N, such as the entry in Section 1-C, and he was issued the rights of the Minister of Foreign Affairs and Trade on the column of the name of the public official in charge of issuing the passport, who is the public official in charge of issuing the passport, who is not aware of such false fact. *****, *, HWWG***** ? in the name of the public official in charge of issuing the passport, '( omitted)', and '(in the resident registration number column)', respectively.

Accordingly, the defendant et al. interfered with legitimate execution of duties concerning the issuance of a passport by a public official belonging to the above-mentioned military administration through a fraudulent means in collusion with his name in order to make a false report to the above public official and at the same time, made a false report to the above public official.

(e) The obstruction of performance of official duties by deceptive means and the false entry and passport;

N around May 3, 2013, at the Incheon International Airport located in Jung-gu Incheon Metropolitan City, to the airport of Jung-gu, Incheon Metropolitan City, 272, N transferred Y* YA, the child of the son of the son of the son of the son of the son of the son of the son of the son of the son of the son of the son of the son of the son of the son of the son of the son of the son.

As a result, the defendant et al. interfered with legitimate performance of duties concerning departure inspection of public officials belonging to the Incheon International Airport by fraudulent means in collusion with his name and negligence, and at the same time exercised the above right to know false facts.

2. The defendant, L, and P (hereinafter referred to as "three defendants, etc.") * related crimes

Defendant, L, L, and P, together with M, forged a birth certificate as if they were P’s children, and drafted and submitted a false birth certificate using the forged birth certificate, and conspired to leave Vietnam through the Incheon International Airport upon obtaining a passport issued by the Republic of Korea stating the false fact that the above infant was a national of the Republic of Korea.

(a) Forgery of private documents;

On May 2013, using the personal information of P's family relation certificate which was transferred to the defendant from the birth place, P'P', 196 in the age column, 'self-operating in the occupation column', '( omitted), '(in the age column)', 'in the occupation column', 'in the occupation column', 'in the occupation column', 'in the occupation column', 'in the address column, '( omitted), 'in the address column of the mother', 'in the birth place', 'in the birth place column '(( omitted), 'in the name and address column of the woman', 'in the birth place* 'in the name and address column of the woman* 1' in the name of the woman* 3' in the name of the woman* 3' in the name and address column - - 1' in the name of the medical institution* 3' in the name and address column - - 1' in the name of the woman* 3'after.

Accordingly, the defendant et al. conspired with M and name in collusion * a private document * a certificate of birth in the name of a female hospital.

(b) Exercising a falsified investigation document;

P around May 15, 2013, after obtaining forged birth cards and family relation documents from Defendant, L, and M as described in Section 2-A (A) of the above paragraph, submitted the above birth certificates to a person who is a public official in charge of the report of birth who is not aware of the forgery at the tin-Myeon office located in 55, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do. on the same day.

Accordingly, the defendant et al. conspired with M and name in collusion * exercising a birth certificate under the name of a female hospital.

(c) Any false entry into public electronic records, and any event such as false entry into public electronic records;

P did not have actually given birth between the date and time set forth in Paragraph 2-b (b) above 2-B, and the place * of Vietnam's nationality** Although there was no actual birth between the above section ** as if L gave birth * The false birth report prepared by L was submitted to a sexually defective person, who is a public official in charge of the report of the birth of the above tin-to-child office, who is aware of the forged fact, and the above-mentioned person who believed the birth record on the family relationship, etc. record, which is a public electronic record, caused the above-mentioned person to enter false facts in the public electronic record, and thereafter, exercised the public electronic record recorded as false by preserving the above public electronic record stating false facts.

As a result, the defendant et al. conspired with M and name in order to enter false facts in the family relation registration system, which is a public electronic record, and exercised it by allowing it to be preserved.

(d) The obstruction of performance of official duties by fraudulent means, the violation of the Passport Act, and the false entry into a passport;

P. On May 20, 2013, at the public service center of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of Chungcheongnam-do, which is located in 33 at the expense of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the Republic of Korea: (a) a false report of birth was made to a P's child; and (b) a person who is not a public official in charge of issuance of the passport of the branch office of the Republic of Korea, who is issued the passport of the Ministry of Foreign Affairs and Trade on the 21st of the same month.

As a result, the defendant et al. interfered with legitimate execution of duties concerning the issuance of a passport by a public official belonging to the above-mentioned military administration through a deceptive scheme in collusion with M and name in collusion, and at the same time, reported falsely to the above public official and made him enter false facts in the passport.

(e) The obstruction of performance of official duties by deceptive means and the false entry and passport;

P around May 25, 2013, at the Incheon International Airport located in Jung-gu Incheon Metropolitan City, as the Incheon International Airport on 272, it was transferred from the defendant's child of the Vietnam national couple** After receiving the transfer of Eul, Article 2-D of the Incheon International Airport departure inspection from the public official in charge of the departure inspection of the Incheon International Airport as described in paragraph 2-D of the above * * presenting a passport ** * *.

Accordingly, the defendant et al. interfered with legitimate execution of duties concerning departure inspection duties of public officials belonging to the Incheon International Airport by a deceptive scheme in collusion with M and name in collusion, and at the same time exercised the above passport stating false facts.

3. Defendant Kim * Related crimes

The Defendant, along with M and Kimx, filed a false birth report on the ground that he/she was a child of Kimx, on the ground that he/she was a child of Kimx, and was issued a passport of the Republic of Korea containing false facts on the Republic of Korea that the above infant was a national of the Republic of Korea, and conspired to leave Vietnam through the Incheon International Airport.

(a) Any false entry into public electromagnetic records, and any event such as false entry into public electromagnetic records;

On August 6, 2013, the Defendant prepared a false birth report, as if he gave birth to the above Kimx, at the Myeon Office of Mine-si located in Gwangju-si, Chungcheongnam-do, Chungcheongnam-do, Seoul Special Metropolitan City on August 6, 2013, the Defendant: (a) had the above Kimx enter the birth fact in the family relation registration system, which is a public electronic record; (b) had the above person under whose name the deceased entered the fact of birth in the public electronic record; and (c) had the above person under whose name the record was recorded in the public record, and (d) had the above person under whose name the record was recorded in the public record, and (e) had the above person under whose name the record was recorded in the public record and keep the record of the above fraudulent fact recorded in the public record by exercising the public record.

Accordingly, in collusion with M and Kimx, the Defendant entered false history in the family relation registration system, which is a public electronic record, and exercised by having the Defendant preserve it.

(b) Obstruction of the performance of official duties by fraudulent means, violation of the Passport Act, and false entry into a passport;

On August 9, 2013, 2013, Kim 6.9 - 980- 16 at the Gangseo-gu Seoul Metropolitan Government Office of Gangseo-gu, Seoul, which is located in Gangseo-gu, Gangseo-gu, Seoul.* A * A Kim x's children are not Kim x's children, but is unable to acquire the nationality of the Republic of Korea, and the report of false birth was made to the children of Kim x, as described in the above 3-A, and the false fact was issued with the passport issued on December 12, 200 on the name column of name to the person who is the public official in charge of the passport issuance affairs, who is the public official in charge of the passport issuance affairs.

Accordingly, in collusion with M and Kimx, the Defendant interfered with the legitimate execution of duties concerning the issuance of tickets by public officials belonging to the above Gangseo-gu Seoul Metropolitan Government Office by fraudulent means, and at the same time, made a false report to the above public officials by illegal means, and made them enter false facts in the passport.

(c) The obstruction of performance of official duties by deceptive means and the false entry and passport;

On August 18, 2013, at the supply port of Incheon, located in Jung-gu Incheon Metropolitan City, to the airport of Jung-gu, Incheon Metropolitan City on 272, the Kim** after being transferred from the defendant, who is the child of the father of the father of the father of the father of the father of the father of the father of the father of the father of the father of the father of the father of the father of the father of the father of the father of the father of the father of the father of the father of the father of the father of the father of the father of the Vietnam. After being transferred the transfer of the Kim*

Accordingly, in collusion with M and Kimx, the defendant interfered with legitimate performance of duties concerning departure screening duties of public officials belonging to the above Incheon International Airport by fraudulent means, and at the same time, exercised the above passport stating false facts.

4. Gambling of Defendant and X (hereinafter referred to as “Defendant, etc.”) * related crimes

Defendant 1 and X, along with M, forged a birth certificate as if they were children X, and forged a false birth certificate by using the forged birth certificate, issued a passport of the Republic of Korea with a false statement of nationality of the above infant who is a national of the Republic of Korea, and entered the Republic of Korea to Vietnam through the Incheon International Airport.

(a) Forgery of private documents;

On August 8, 2013, the name omitted shall be the family relation certificate X which was previously damaged by the defendant from the defendant in the Buddhist land.

Using personal information, 'X' in the column of the baby of the birth certificate, 'the age column', 'the self-business in the occupational column', 'the column of the baby', 'the year 1987, 'the main part in the occupational column', 'the year 1987, 'the year 'the year 'the year 'the year 'the year 'the country 'the place 'the place 'the place 'the place 'the place 'the place ' the place ' the place ' the place ', ' the date ' the place ' the day ' on June 1, 201 (the date 'the country '), 'the day 39 weeks in the sex column', 'the day 'the day 'the day 'the day 'the day 'the day 'the day 'the day 'the day 'the day 'the day 'the day 'the above 'the day '* 10 days ' after the birth '.

Accordingly, the defendant et al. forged a birth certificate in collusion with M and name in M* medical center name *.

(b) Exercising a falsified investigation document;

Around August 28, 2013, X issued a forged birth certificate from the Defendant as described in Section 4-A of the above paragraph, and submitted the birth certificate to the name-free person who is a public official in charge of the report of birth at the Jungdong-dong community service center in Daejeon Metropolitan City on the same day.

As a result, the defendant et al. conspired with M and name in collusion * * Medical Center's birth certificate was exercised.

(c) Any false entry into public electronic records, and any event such as false entry into public electronic records;

X prepared a false birth report as if he had given birth ** as if he had given birth * in fact at the time and place described in the above paragraph 4-b. B., and at the time and place stated in the above paragraph 4-B., X had the above-mentioned paragraph 4-B-E-E-E-E-E-E-E-E-E-E-E-E-E-E-S-E-E-E-E-E-E-E-E-E-E-E-S-E-E-E-E-E-E-E-E-E-E-E-E-E-S-E-E-E-E-E-E-E-E-E-E-E-E-E-S-E-E-E-E-E-E-E-E-E-E-S-E-E-S-E-E-S-E-S-E-E-S-E-S-E-S-E-E-

As a result, the defendant et al. conspired with M and name in order to enter false facts in the family relation registration system, which is a public electronic record, and exercised it by allowing it to be preserved.

(d) The obstruction of performance of official duties by fraudulent means, the violation of the Passport Act, and the false entry into a passport;

X, on September 2, 2013, was entered as follows: X was not a child of Dong-gu, Daejeon Metropolitan City, Dong-gu, Daejeon Metropolitan City, Dong-gu, Daejeon.* He was unable to acquire the nationality of the Republic of Korea; but he was issued a passport under the name of the Minister of Foreign Affairs and Trade on September 3, 201, stating as follows: X’s false birth report was made to X’s child, and on the name column of the application for issuance of the passport to a person who is not in charge of issuing the passport who is not aware of such false fact.

As a result, the defendant et al. interfered with legitimate execution of duties concerning the issuance of a passport by public officials belonging to the Dong-gu Daejeon Metropolitan City Office through a deceptive scheme in collusion with M and name disapproval, and at the same time, the defendant et al. made a false report to the above public officials and made them enter false facts in the passport.

(e) The obstruction of performance of official duties by deceptive means and the false entry and passport;

X transferred from the Vietnamese husband and wife of the Republic of Korea who was introduced by the defendant on September 7, 2013 in the French city of Gyeonggi-do, and around the 8th day of the same month to the Incheon International Airport located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon Metropolitan City, to the airport of 272, X was illegally issued as described in the above 4-D. Abrept ** Abreishing the passport ** Abreishing the departure inspection.

Accordingly, the defendant et al. interfered with legitimate execution of duties concerning departure inspection duties of public officials belonging to the Incheon International Airport by a deceptive scheme in collusion with M and name in collusion, and at the same time exercised the above passport stating false facts.

Summary of Evidence

1. Statement of the examination of the police officer in whole or in part against the defendant, L, P, N, or M;

1. The protocol of partial police statements of *

1. Each basic certificate, a copy of each birth report, a copy of each birth certificate, and a family relation certificate;

1. A letter of good faith ( Kim*)

1. Copies of an application for the issuance of a passport, such as making inquiries into the issuance of a passport;

1. Current status of entry or departure, and details of each entry or departure;

1.* Medical Center's new data,* Women's Hospital Council data *

1. Application for the issuance of a passport, investigation report, or passport;

1. Criminal records;

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 231, 234, 228(1), 229, and 137 of the Criminal Act; Articles 24 and 16 subparag. 1 of the former Passport Act (Amended by Act No. 12274, Jan. 21, 2014); Articles 228(2) and 229 of the Criminal Act; Article 30 of the Criminal Act

1. Competition;

Articles 40 and 50 of the Criminal Code

1. Selection of punishment: Imprisonment with prison labor;

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

In light of the contents of crimes, punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing indicated in the records, such as the records, such as the record of the suspension of execution of the same kind of crime, the age of the defendant, character and conduct, environment, background of participation, degree of participation and role, degree of punishment of the accomplice, progress of the trial, etc.

Judges Dominsung