Requirements for establishing a crime of receiving money and valuables under Article 5 (2) of the National Security Act

The crime of receiving money and valuables under Article 5 (2) of the National Security Act is not established when a person who delivers money and valuables receives money and valuables from an anti-government organization with the knowledge that he is a member of the anti-government organization or a person who receives an order from him, and it is established without what is the purpose of receiving money and valuables, and it is necessary to receive money and valuables and receive them with the knowledge that they are the benefit of the anti-government organization, and it is related to the accomplishment of the purpose of the anti

Article 5 (2) of the National Security Act

Supreme Court Decision 62Do24 delivered on April 4, 1962, 62Do24 delivered on January 26, 1971, 70Do2357 delivered on October 31, 1971, 71Do1124 delivered on October 31, 1972, 72Do2049 delivered on October 13, 1982, 82Do968 delivered on October 10, 1984, 84Do1796 delivered on October 22, 1985, 84Do2323 Delivered on October 13, 1970, and 70Do1763 delivered on February 12, 1980, and 78Do90 delivered on September 90 (defaction)

Defendant

Defendant and Prosecutor

Attorney Jeong Tae-tae, Yil-il

Seoul High Court Decision 85No439 delivered on May 2, 1985 (Seoul High Court Decision 84Do2323 delivered on January 22, 1985)

All appeals are dismissed.

The grounds of appeal are examined.

1. As to each of the grounds of appeal by the defendant and his defense counsel, Article 5 (2) of the National Security Act provides that "any person who receives money or goods with the knowledge of the fact that the other party who received money or goods is a member of an anti-government organization or a person who received an order from it." Thus, the crime of receiving money or goods under Article 5 (2) of the National Security Act is established without examining the purpose of receiving money or goods if the person who received the money or goods receives money or goods from the knowledge of the fact that he is a member of an anti-government organization or a person who received an order from it. Thus, the crime of receiving money or goods under Article 5 (2) of the same Act is established without knowing that it is a member of an anti-government organization or a person who received an order from it (see Supreme Court Decision 62Do24 delivered on April 4, 196; 70Do2357 delivered on September 28, 197; 82Do1968 delivered on July 13, 1987).

Therefore, the judgment of the court below to the same purport is just, and there is no misapprehension of the legal principles as to the crime of receiving money and valuables under Article 5 (2) of the National Security Act, and there is no reason to argue otherwise.

2. As to the Prosecutor’s Grounds of Appeal:

Of the facts charged against the defendant, there is no evidence to prove that the defendant had an intention to practice the ordered matters of the entry in the facts charged when entering Japan in Japan, and as to the espionage, it is difficult to recognize the fact that the defendant read the contents of the thesis, "the justification for the establishment of the master teacher system" in the magazine, which is the "educational Materials" as recorded in the facts charged, and even if there are facts reading the contents, it is difficult to find that the detection was collected for the accomplishment of the purpose of the anti-government organization. In light of the records, the process of the fact-finding is just, and there is no error of law that misleads the defendant of the facts as to the whole facts by insufficient deliberation or by the rules of evidence. The argument is without merit merely because it merely causes legitimate evidence preparation and fact-finding belonging to the whole authority of the court below.

3. Therefore, all appeals filed by the defendant and prosecutor are dismissed. It is so decided as per Disposition with the assent of all participating judges.

Justices Yu Tae-hun (Presiding Justice)