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1. The disposition rejecting the issuance of a passport issued by the Defendant to the Plaintiff on July 24, 2017 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. On June 19, 2017, the Plaintiff filed an application with the Defendant for the issuance of a passport. On July 24, 2017, the Defendant rendered a disposition to refuse the issuance of a passport on the ground that the Plaintiff constitutes a person subject to refusal of the issuance of a passport under Article 12 (1) 1 of the former Passport Act (amended by Act No. 14606, Mar. 21, 2017; hereinafter the same) who committed a crime of fraud corresponding to a punishment for a maximum of three years, including the following:
(2) On November 1, 1993, the Plaintiff: (a) on the first day of the Seocho-gu Seoul Metropolitan Government’s hotel coffee shop located in Seocho-gu, Seoul (hereinafter “instant disposition”); (b) on the first day of November 1, 1993, the Plaintiff paid 130 million won to the complainants and paid 262 square meters prior to E, 213 square meters prior to E, 213 square meters prior to F, and 475 square meters prior to 213 square meters (hereinafter “each land of this case”) from G’s management to be offered as security at the fluent point of the Korea Exchange Bank, which is a bank bank; and (c) on the security of the said land, it is easy to receive the loan from the complainants to use 130 million won to the bank; and (d) on the other hand, to believe that the complainants will use 20 million won to repay 100 million won to the bank at the same time as the above bank’s fluenc.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 4 and 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Article 12(1)1 of the Passport Act provides that a person whose indictment is suspended due to an escape abroad after committing a crime corresponding to a punishment for a maximum term of three years or more.