Defendant

Defendant

Maternho

Attorney Gyeong-hee (Korean National Assembly)

Seoul Northern District Court Decision 2008Ma1357 Decided July 11, 2008

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

19,000,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

The father of the defendant was originally a shipbuilding of North Korea's nationality, but the defendant's money was born and divorced from his Chinese nationality, and the father of the defendant, who was the franking, acquired Chinese nationality. Accordingly, the defendant was automatically acquired Chinese nationality on March 21, 1992, when he was 17 years old.

The defendant is not a North Korean citizen under the North Korean Nationality Act, and his blood ties is a Joseon Korea. In fact, since he was born in North Korea or resided in North Korea for not less than 20 years and entered Korea, the defendant constitutes "North Korean defector" as provided for in the Act on the Protection and Settlement Support of North Korean Refugees, and therefore, the defendant is not paid a subsidy to the North Korean defector by deceit or other unlawful means.

2. Ex officio determination

A. Before determining the grounds for appeal by the Defendant, the health care unit was ex officio, and the prosecutor changed the facts constituting the crime at the time of original judgment as follows.

“The Defendant is a person of Chinese nationality born between Non-Indicted 1 and deceased mother Non-Indicted 2, who had Chinese nationality in the Haakdong-gun, Chungcheongnam-do, Chungcheongnam-do on March 21, 1975, and between the Defendant and Non-Indicted 2.

The defendant, on February 7, 2006, entered the Republic of Korea by pretending to be "North Korean defectors" who left North Korea on March 21, 1975, and was born on March 21, 1977 at the time of the National Intelligence Service investigation. On December 10, 195, the defendant stated that he withdrawn from China on December 10, 2003, even though he entered China on December 10, 200, by omitting the fact of graduation from the Chinese High School located in Cheongjin-si, China, the defendant acquired the nationality of the Republic of Korea on June 8, 200 of the same year, and received 1,460,000,000,000,000,000,000,000,000,000,000,000,000,000,000,06,06,000,000.

Accordingly, the Defendant received subsidies of KRW 19,000,000 from North Korean defectors by deceit or other unlawful means.

Therefore, since this court permitted amendments to Bill of Indictment, the original judgment, which is based on the initial indictment, cannot be maintained further.

However, the defendant's assertion is still subject to the judgment of this court, and this is examined following.

(b) Fact of recognition;

The following facts are acknowledged according to the evidence duly examined and adopted by the court below.

(1) On March 21, 1975, the Defendant, in North Korea, worked as an operator of the “4.25 Tobacco farm” located in Hasung-gun, Hasung-gun after completing six years of Chinese High School located in Cheongjin-si, China-si, and six months of transportation and six months of experience between the parents of Chinese nationality.

(2) On March 21, 1992, the Defendant acquired Chinese nationality around March 21, 1992, who was 17 years of age, and registered with the Luxembourg and received a certificate of Chinese nationality.

(3) On December 7, 1995, the Defendant issued a Chinese passport from a Chinese consular official, entered China, and served as a restaurant employee, a man-made company employee, and a man-made company employee, and entered Korea on February 7, 2006 through Cambodia.

(4) After entering Korea, the Defendant was born between the parents of North Korean nationality on March 21, 197, and worked as a tobacco plant operator, etc. from April 1998 on December 10, 2003 in order to live in China, and went away from Korea by taking a 20,000 lecture near the Samdong-gun's office located in the Samdong-gun, Samdong-gun, the Defendant went to China. Since 2004, the Defendant was working as a restaurant employee in China and entered Korea on February 7, 2006 through Cambodia, and made a false statement on nationality, North Korean defectors, the period of stay in China, etc.

C. Determination

In full view of the above facts, it cannot be deemed that North Korean defectors under Article 2 subparagraph 1 of the Act on the Protection and Settlement Support of North Korean Refugees include foreign nationals residing in North Korea. In full view of the above facts, even if the defendant does not correspond to North Korean defectors and is a person of Chinese nationality, it can be recognized that the defendant received subsidies by pretending that he/she was a North Korean resident by making a false statement, such as the facts charged, in order to protect North

Therefore, the defendant's above assertion is without merit.

3. Conclusion

As seen earlier, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

On March 21, 1975, the Defendant is a person of Chinese nationality born between Non-Indicted 1 and deceased mother Non-Indicted 2, who had Chinese nationality in the Haakdong-ri, Chungcheongnam-do, Chungcheongnam-do.

The defendant, on February 7, 2006, entered the Republic of Korea by pretending to be "North Korean defectors" who left North Korea on March 21, 1975, and was born on March 21, 1977 at the time of the National Intelligence Service investigation. On December 10, 195, the defendant stated that he withdrawn from China on December 10, 2003, even though he entered China on December 10, 200, by omitting the fact of graduation from the Chinese High School located in Cheongjin-si, China, the defendant acquired the nationality of the Republic of Korea on June 8, 200 of the same year, and received 1,460,000,000,000,000,000,000,000,000,000,000,000,000,000,000,06,06,000,000.

As a result, the Defendant received subsidies of KRW 19,000,000 from North Korean defectors by deceit or other unlawful means.

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Entry of Nonindicted 3 and 4 in a copy of each prosecutorial statement

1. Sending an identity, a written inquiry about resident data, and data;

1. A copy of a written oath, a decision on the payment of settlement subsidy, and a certificate of transfer result;

1. Investigation report (a copy of the lease contract, a copy of the North Korean Nationality Act, etc.);

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

Article 33(1) of the Act on the Protection and Settlement Support of Residents escaping from North Korea and Selection of Imprisonment;

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Additional collection:

Article 33(3) of the Act on the Protection and Settlement Support of Residents escaping from North Korea

Judges Han Chang-ho (Presiding Judge)