2012 Highest 5190 North Korean defectors' Protection and Settlement Support Act;

Violation of the Passport Act, violation of the Immigration Control Act, false entry into a passport;

Exercise of False Entry Passport

J. (P.O. 00. 000) L.O. 1, 200

Seoul Residence

Reference domicile of China

The public flag (prosecutions) , the center of the public (public trial)

Attorney Han-Gyeongn-Gyeong (Korean National Assembly)

October 31, 2012

A defendant shall be punished by imprisonment for one year.

One copy of the resident registration certificate (No. 1), one passport of the Republic of Korea with 00 persons seized (No. 2), one passport of the Republic of Korea with 00 persons, a driver's license with 00 persons (No. 3), an international driver's license (No. 4), an international driver's license with 00 persons, and a medical care certificate (No. 5) with 00 persons each forfeited from the defendant.

34,738,350 won shall be collected from the defendant.

Criminal facts

The defendant is a Chinese national residing in North Korea from the time of birth, and around July 2007, was involved in drug transactions in North Korea and was punished by the North Korean authority, leaving North Korea to China, and went back to China, and then entered the Republic of Korea through the Incheon Airport on March 14, 2008 through the Thailand, with the mind to settle in the Republic of Korea, and disguised it to 00 the head of the North Korean Peninsula that had already died.

1. When a foreigner violating the Immigration Control Act intends to enter the Republic of Korea, he shall carry a valid passport and a visa issued by the Minister of Justice;

The defendant, on March 14, 2008, entered the Republic of Korea through a valid passport issued by the Government of the People's Republic of China and the Incheon Airport without a visa issued by the Minister of Justice, as if he/she was a Chinese national but was a North Korean refugee.

2. Violation of the Act on Protection and Settlement Support of Residents escaping from North Korea;

No one may receive protection and support under the Act on the Protection and Settlement Support of Residents escaping from North Korea by deceit or other unlawful means.

The Defendant entered the Republic of Korea on March 14, 2008 through a disguised manner with North Korean defectors on March 14, 2008, and on March 3, 2008.

21. From January 207 to March 24, 2008, in the course of the Central Joint Examination, the Defendant: (a) although this name was in China’s Republic of China’s Republic of Korea’s Republic of China’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of China’s Republic of China’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of China’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’

On the other hand, on April 23, 2008, the Ministry of Unification decided the defendant as a person eligible for protection under the above law after deliberation by the North Korean defectors' Consultative Council pursuant to the North Korean Refugees Protection and Settlement Support Act. The defendant applied for basic livelihood security to the Incheon 00 Gu Office on July 30, 2008, and on August 12, 2008, the defendant was selected as a "North Korean defectors who have difficulty in living" in accordance with the Act on the Protection and Settlement Support of North Korean Refugees.

Accordingly, on June 5, 2008, the Defendant received early settlement money of KRW 3,000,000 provided to residents escaping from North Korea with a false bank account in the name of 00 people who disguised around June 5, 2008, from that time, and thereafter on February 2, 2012.

21. Until now, a person received 34,738,350 won in total under the name of initial settlement funds, housing support funds, settlement support funds, installment payments, local housing support funds, basic living benefits, living allowances, living housing benefits, etc. as shown in the attached list of crimes.

As a result, the defendant was recognized as North Korean defectors by illegal means, and received a total of 34,738,350 won in accordance with the Act on the Protection and Settlement Support of North Korean Refugees.

3. False entry in a passport and violation of the Passport Act;

No person shall enter false facts in documents submitted to obtain a passport or obtain a passport by other unlawful means.

At around December 11, 2008, the defendant stated the false facts in the name column of Korean language in the civil petition service division of the Incheon 00-Gu Office, the defendant issued a Korean passport stating in the name column of JNG 0000, JNG 00000, the name column of English, the applicant column as '0000', '00000', '00000', and '0000' in the applicant column, and submitted them to the non-official of the Ministry of Foreign Affairs and Trade who is not aware of the fact, and had the official of the Ministry of Foreign Affairs and Trade issue a Korean passport on December 12, 2008 and a passport number of 00 (M0000).

As a result, the defendant entered false facts in a passport, and was issued a passport by illegal means.

4. Fraudulent entry and use of the passport;

On February 10, 2010, the defendant received the departure examination from the Incheon International Airport Entry and Departure Control Center located in Jung-gu Incheon to China, and presented a passport in the above name of 00' issued to non-permanent immigration officials.

On February 20, 2010, the Defendant presented a passport in the name of "head0" issued as above to the public official of the Incheon International Airport Entry and Departure Control Office, when entering the Republic of Korea on July 15, 2010, the entry into the United States on July 15, 2010, the departure from the United States on July 27, 2010, and October 23, 2010, respectively.

Accordingly, the defendant exercised a false passport.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement made in relation to 00, 100, 100;

1. A written accusation;

1. Records of seizure and the list of seizure;

1. Each investigation report - Each accompanying document

1. Each joint newspaper material;

1. A list of business cooperation meetings, all documents related to the determination of recipients, the details of individual benefits paid from 2008 to 2009, materials reply to the details of living and housing benefits paid, and the current status of subsidies related to the settlement of residents escaping from North Korea;

1. Confirmation of cooperation documents in the investigation of Korean aviation and reservation for Korean aviation;

1. Answers to the office supporting settlement of residents escaping from North Korea;

1. Details of the payment of housing benefits for the living of the Incheon 00-Gu Office, and details of the payment of individual benefits by 00-dong, Incheon 00;

1. The immigration status of individual 00 individuals;

1. A copy of certificate of completion, copy of notice of protection decision, copy of notice of application for benefit of a welfare beneficiary, copy of medical benefits certificate, copy of resident registration certificate of 00, or copy of Korean passport;

1. A certified copy of an ordinary account of a national bank with a 00 head;

1. An application for issuance of a passport to 00;

1. A copy of a medical certificate;

Application of Statutes

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

inclusive, Article 33(1)(Unlawful Support), Article 24 subparag. 1(a) of the Passport Act, Article 228(2)(a) of the Criminal Act, Articles 229 and 228(1)(a) of the Criminal Act, respectively, Articles 94 subparag. 2 and 7(1) of the former Immigration Control Act (Amended by Act No. 10282, May 14, 2010); Articles 94 subparag. 2 and 7(1) of the former Immigration Control Act (Amended by Act No. 10282, May 14, 2010); each choice of imprisonment.

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Confiscation: Article 48 (1) of the Criminal Act;

1. Collection: The latter part of Article 33 (3) of the Act on the Protection and Settlement Support of Residents escaping from North Korea;

Judges Jin-Gyeong et al.