(영문) 인천지방법원 2013.2.19.선고 2012고단10652 판결

The seized Guatemala passport (No. 2579 of the Incheon District Prosecutors' Office No. 2579 of its pressure in 2012) and Guatemala certificate (No. 2 of the same proof) shall be confiscated.

Reasons

Criminal facts

1. Basic facts

A. Foreigners' schools eligible for admission to foreigners' schools are schools established to educate children of foreigners staying in Korea (persons who do not hold the nationality of the Republic of Korea) in foreign countries and Korean nationals who have returned to Korea (persons who have the nationality of the Republic of Korea) after residing for a certain period in foreign countries, and the major purpose of the establishment is to improve the educational environment of the children so as to assist the able foreigners to stay in Korea for a long time, which is currently being operated by 51 schools.

In order to enter a foreigners' school above, one parent among the parents is a foreigner, or his/her child who intends to enter a foreign country is entitled to be admitted for more than three years in total under the relevant statutes. When receiving an application for admission from the parents who wish to enter a foreign school and performing the affairs of entrance assessment after receiving a written application for admission according to the prescribed form, the foreigners' school received "a copy of the passport with the parents' nationality" or "a certificate of entry into and departure from the Republic of Korea for the purpose of examining the above qualifications for admission, and confirmed that one parent is a foreigner and his/her child is three years or more in total.

(b) Status of the defendant

On November 19, 1975, the Defendant is a person who acquires the nationality of the Republic of Korea between father-D and mother-E in Dongdaemun-gu Seoul on November 19, 1975. The Defendant is a person who does not meet all the requirements for acquisition of nationality by naturalization in Guatemala or Koba. In the case of Naba, in order for a foreigner, other than the U.S. enemy, Spanish, and Spanish, to acquire the nationality of Naba, three years after acquiring the sovereignty of the Republic of Korea is essential (in the case of Naba, a person, etc. who belongs to the group that is invited for academic, agricultural, and industrial purposes, shall be subject to the qualification of nationality after the lapse of one year). In the case of Guatema, the Defendant is a person who acquires the nationality of the Republic of Korea in Guatemala or whose parent is Guatemala, and the method of acquisition by Guatemala without being permitted by an agent for five years prior to the acquisition of nationality and Guate.

2. Conclusion of a contract with F;

The Defendant, not only himself, but also his spouse G, has the nationality of the Republic of Korea, and since he had resided in a foreign country for not less than three years, he could not admit the Defendant’s Ha to a foreigners’ school in Korea in a normal way.

On April 19, 2012, when the defendant found the company that would make the entrance requirements, the defendant visited the principal office and consulted, and the defendant paid 35,000 US dollars to F, the defendant entered into a contract with F to acquire the defendant's Guatemala passport.

In addition, the Defendant agreed to pay 20,700 U.S. dollars 17,000 out of 35,000 U.S. dollars agreed to make an investment to be paid ex post facto from F when the Defendant actually received a passport (on April 20, 2012, the Defendant transferred 20,700,000 U.S. dollars 18,000 from the Defendant’s new bank account to the principal account on May 14, 2012 to the principal account by the national, and then transferred 17,000 U.S. dollars 17,50,000 from the same account on May 14, 2012 to the principal account by the national).

However, the fact was that F created as if the defendant acquired a foreign nationality by forging or falsely obtaining a passport containing a foreign nationality through I, which is a hub for forging a local passport.

3. Joint offenses by the defendants;

(a) interference with business - Illegal admission using a passport issued at the end of the year;

After the Defendant conspired with F as above on April 29, 2012, the Defendant left Korea through the United States through the United States and stayed on about four days on or around April 29, 2012, and created a false document related to nationality-related to the Defendant by making a false Guatemala, which is a hub for forgery of a local passport, and entered the Republic of Korea with one guidance thereafter, and the Defendant visited a local government office without going through any procedure for naturalization at the end of the Guatemala, including a local or domestic interview, as such, even though he was aware that the Defendant was issued a passport by unlawful means, such as purchasing local subordinate public officials on the basis of the false documents related to nationality-related to the Guatemala, he was issued one passport of the Defendant at the same time by making a false Guatemala, a false Guatemala, a false Guatemala, and then received the Defendant’s written application for forgery of the passport from a non-resident hotel, not the Defendant’s hotel, and then returned to the Republic of Korea.

On June 19, 2012, the Defendant submitted a copy of the Defendant’s Guate Passport issued unlawfully as above with the documents attached to the Defendant’s written application for admission to K L, etc. Around June 19, 2012, the Defendant conspired with F, I, etc. in order with F, etc., and interfered with the Defendant’s entrance situation at the above school in charge of L, etc., who is the victim by fraudulent means, by pretending the Defendant’s admission eligibility as if the Defendant was a true Guatema.

(b) Forgery of private documents - Forgery of a Onnuri passport;

피고인이 제1항과 같이 과테말라에 갔던 2012. 4. 30.경 과테말라 현지에서 여권위조 브로커인 이 피고인에게, 과테말라 여권으로는 피고인의 아들 H을 입학시키려고 했던 M외국인학교에서 입학허가를 받지 못하니 온두라스 여권을 발급받으라고 제안하고, 이에 피고인은 자신이 온두라스에 귀화하기 위한 어떠한 절차도 거치지 않았고, 단지 과테말라 여권을 받기 위한 서류만으로는 정상적으로 온두라스 국적취득과 함께 여권을 발급받을 수 없기 떄문에 이 온두라스 여권을 위조하여 줄 것이라는 점을 인식하면서도 I의 위와 같은 제안을 승낙하여 I에게 외국인학교에 제출할 온두라스 여권의 위조를 의뢰하였다.

On May 5, 2012, the Defendant, after returning to Korea on May 5, 2012, asked F, a broker for acquiring a false nationality, to request F, “A request to accept a request for NND only if the NND passport was also applied.” At that time, F, I, etc. forged a copy of F, etc., a private document Defendant, without authority, for the purpose of uttering in collusion with F, I, etc., in sequence. Accordingly, the Defendant forged a copy of F, I, etc., a private document Defendant, without authority.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made in the suspect examination protocol of the prosecution concerning F;

1. Each prosecutor's protocol of statement concerning L/O;

1. Records of seizure and the list of seizure;

1. A copy of the Onnuri Passport, a copy of the Onnuri License birth certificate, a copy of the document related to H admission, the immigration status of the defendant, a copy of the contract, a copy of the official document sent to the Embassy of the Republic of Korea of the Republic of Korea, a copy of the contract, the official document and translation of the Guatemas reply, a copy of the Guatemas reply, a copy of the Guatemas reply, a copy of the document accepted as a citizen's right certificate, a copy of the Guatemala Embassy reply, a copy of the passbook reply, a copy of the head of the passbook reply, a written reply of the Korean Embassy Ethical Embassy

1. Investigation report (Attachment to Acts and subordinate statutes, etc. related to foreigners' schools), investigation report (Attachment to the results of consular interviews held by an embassy at the end of the week in the Republic of Korea by an immigration employee), investigation report (Attachment to data submitted by an embassy at the end of the week to submit P data, investigation report (the total Qu currency of the Embassy at the end of the week), investigation report (Attachment to data such as detailed statement of the issuance of a passport issued by the Embassy of the Embassy);

Judgment on the defendant's argument.

1. Summary of the defendant's assertion

Although it is recognized that in the case of Onnuri passport, the defendant was aware of the forgery of the crime, it is argued that there was no intention to interfere with the business because the defendant was aware that the crime was normally issued in the case of Guatemala passport.

2. Determination

A. We examine the following circumstances based on each of the above evidence.

(1) In order for the Defendant’s child to enter a foreigners’ school, one parent must be a foreigner. While the Defendant and her husband are fully aware of the fact that all of the Defendant and her husband are nationality of the Republic of Korea and do not meet the above requirements, the Defendant requested F, which is operated by only the State, to enter a foreign school.

(2) In the case of Guatemala, in order for a foreigner to acquire his nationality, he shall be a holder of Guatemala for five years, and in the case of Guatemala, he may apply for the acquisition of nationality for three years after he acquired the permanent sovereignty. Thus, in a normal way, he may not obtain nationality unless he resides in each of the above countries. The nationality is an individual’s status as a member of a country, which serves as a fundamental basis for personal, social and national activities, and from the standpoint of an individual, it can be easily anticipated that the status of a member of a country means his own member, and that there is a certain limitation on the acquisition of nationality in all of the countries because he has a major meaning or a State

Nevertheless, the Defendant did not have resided in Guatemala or Kodu, and the above matters were sufficiently known through the Embassy, the Embassy, the Embassy, or the Embassy in Korea, and the Embassy in Korea, but did not look at F in the case of the Defendant. The Defendant believed that the Defendant was able to transfer investment. However, at the time of entering into a contract with F, the Defendant did not know of the investment amount, investment period, and repayment conditions as well as the Defendant did not know of what investment had been made by the Defendant.

(3) In addition, in light of the fact that the defendant requested the issuance of the Duna passport, even though he did not submit additional documents and documents necessary for the issuance of the Duna passport to the Duna passport, the defendant at that time could sufficiently be recognized that the above passport will be illegally issued to the Duna passport even with respect to the Duna passport, after hearing the words "I would have to obtain the Duna passport even without holding the Duna passport." The defendant did not visit the Duna, and even if he did not submit the additional documents and documents necessary for the issuance of the Duna passport to the Duna passport.

(4) On the other hand, the defendant alleged that he visited Guatemara in Korea and believed that he lawfully received a passport. However, the period of his stay in Guatemala is not only three to four days, and most of the defendant staying in Guatemala and staying in a hotel or shopping at Guatemala, and without any procedure for acquiring nationality (the name of the government office is not specified specifically) in the registration certificate (the name of the government office is not specified) issued in the government office (the name of the government office is not specified) and only answers a simple number of questions and issued a passport in Guatemala passport countries. Accordingly, it is difficult to easily understand that the defendant merely followed the above simple procedure, but it was believed that the above procedure was a normal procedure for acquiring nationality.

B. In full view of the above circumstances, the defendant was sufficiently aware that at the time when the defendant submitted a written application for entrance to a foreigners' school, the defendant was not able to obtain the nationality of the Guatemala, and the passport issued without the acquisition of nationality was issued by the local public official, or at least did not have been issued unlawfully by the local public official. Thus, the above argument by the defendant is without merit.

C. Next, the defendant's defense counsel argues that the submission of the above passport constitutes not forged in the case of a passport submitted by the defendant to the above school, but constitutes a normal passport issued unlawfully by a local public official, and thus, the submission of the above passport does not constitute interference with the business. However, in order for children to enter a foreigners' school, one of the parents is a foreigner. According to each of the above evidence, the defendant's proof of nationality is recognized that the defendant did not obtain "national" only when he was issued a passport, which proves that he did not obtain "national". Therefore, submission of the over-the-end passport only when the defendant did not acquire the nationality of the Guatemama constitutes an application for admission under the lack of qualification for admission to a foreigners' school,

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 231 and 30 of the Criminal Act (the aid of private documents, the choice of imprisonment), Articles 314(1), 313, and 30 of the Criminal Act (the point of interference with business and the choice of imprisonment)

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act (General Considerations given for Sentencing as follows)

1. Probation and community service order;

Article 62-2 of the Criminal Act

1. Confiscation;

The crime of this case for the reason of sentencing under Article 48 (1) 1 of the Criminal Code is committed by emigrants and bubers who want to obtain profits by using such various circumstances with the defendant, who was the parent of a child, who tried to obtain another nationality in a short time even if the defendant paid several million won to enter a foreigners' school.

Although the Defendant did not think that it would result in forging a passport from the time of concluding the first contract for acquisition of nationality between F and F, it seems that the Defendant was involved in the instant crime in order to achieve the purpose of foreign school entry of children, even though he was aware that the acquisition of nationality and the issuance of a passport are conducted through abnormal procedures.

Even so, as long as it cannot be denied that some of the incidental floors, such as the defendant, etc., committed the crime, contributed to the national of the Republic of Korea, and created the above sense to the general public who want to be provided with equal educational opportunity, the defendant should be punished strictly considering the harm and injury inflicted on our society, in addition to the interference with the entrance situation of foreigners' schools, the interference with the entrance situation of foreigners' schools, the forgery of passport for acquiring eligibility for admission, and the use of forged passport.

However, even though the defendant's crime of this case cannot be justified, it cannot be denied that the reason why the crime of this case occurred occurred due to the common nature of the parents who want to provide more educational opportunities to children, and the defendant's parent who wants to do so flows with the judgment power to commit the crime of this case, which led to the crime of this case, and regardless of the legitimacy of the system of the operation of foreigners' school, foreigners' school and foreigners' school for this purpose was conducted under the influence of trees, and the defendant's letter that students who did not have the qualifications for admission prior to the crime of this case were enrolled openly in English kindergartens, etc., as well as that part of the defendants' entrance of students who did not have the qualifications for admission into the foreigners' school was taken into account in determining the punishment of this case.

In addition, the defendant is a first offender, and he is expected to retire or retire from a foreigners' school after the case, and the general appearance of similar cases shall be determined by taking into account all the circumstances, such as the defendant's age, character and conduct, family relationship, etc.