2014 Highest 3508, 2014 Highest 3898 (Joints)

(a) Forgery of private documents;

(b) Exercising a falsified investigation document;

(c) False entry, such as public electronic records;

(d) Events such as false entry and public domains; and

E. Performance of official duties by fraudulent means

(f) Violation of the Passport Act;

(g) False entry in a passport;

(h) Fraudulent entry and passport events;

1. A. b. c. d. e. F. g. H.

A person shall be appointed.

2. (c) d. E. F. H. H. H.

A person shall be appointed.

Yang Jae-heat, Kim Jin (prosecutions) and Kim Jin-young (Trial)

Attorney Kang Han-sung (Law Firm Han-sung for defendant 1)

Attorney Choi U.S. (N.C. for Defendant 2)

March 18, 2015

Defendant A shall be punished by imprisonment for one year, and by imprisonment for six months, respectively.

Facts of crime

On April 1, 2011, the Defendant was sentenced to three years of imprisonment for the offer of a bribe at the Busan District Court, etc., and was released from the Gansung Vocational Training Prison on November 30, 2012, and the remaining term of imprisonment was expired on May 24, 2013. 1.

Defendant A forged a birth certificate as if he was a child of the Vietnamese husband and wife of illegal stay ** as he had a false birth certificate prepared and submitted by using the forged birth certificate, and conspired to leave Vietnam through the Incheon International Airport with a passport of the Republic of Korea issued by the Republic of Korea stating the fact that the above infant is a national of the Republic of Korea.

(a) Forgery of private documents;

성명불상은 2013 . 5 . 경 불상지에서 A로부터 전해 받은 조 * * 의 가족관계증명서의 인 적사항을 이용하여 출생증명서의 출생아의 부 란에 ' 조 * * ' , 연령 란에 ' 1966년 * 월 * 일 ' , 직업 란에 ' 자영업 ' , 출생아의 모 란에 ' 응우옌 * * ' , 연령 란에 ' 1991년 * 월 * 일 ' , 직 업 란에 ' 주부 ' , 산모의 주소 란에 ' 충남 부여군 * ' , 출생장소 란에 ' 경기 부천시 * , 출생 일시 란에 ' 2013 . 1 . 16 * ' , 성별 란에 ' 남아 , 3 . 83kg ' , 임신기간 란에 ' 38 + 6주 ' , 발행일 란에 ' 2013 - 01 - 21 ' , 의사 성명 란에 ' 고 * * ' , 의료기관 란에 ' * * 여성병원 ' 이라고 각 기재 한 후 위 의사 성명 란 및 의료기관 란 옆에 각 날인하여 행사할 목적으로 권리 · 의무 에 관한 사문서인 * 여성병원 명의의 출생증명서 1매를 위조하였다 .

As a result, Defendant A forged a birth certificate in the name of a female hospital*, in collusion with A, B, and Cho*, a private document in collusion with the name of the deceased **.

(b) Exercising a falsified investigation document;

around May 15, 2013, Defendant A received from A, B, and Defendant A the birth certificate and family relation documents, etc. described in the above paragraph A-A-A, and submitted and exercised the above birth certificate to a person who is a public official in charge of the report of birth, who is not aware of the forgery at the tin-Myeon office located in 55, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do. on the same day.

As a result, Defendant A conspired with A, B, and Cho*, and name in collusion * * exercised a birth certificate in the name of a female hospital.

(c) Any false entry into public electronic records, and any event such as false entry into public electronic records;

** The date and time set forth in the above paragraph 1-b. (b) above, at the place of Vietnam’s nationality ** the actual route between B and B, submitted a false birth report prepared by B as if B had given birth of 1% of the above provision, which was not known that he had given birth, to the person who was a public official in charge of the report of birth of the above tin-type office, and had the above-mentioned person in trust record enter the fact of birth in the family relation registration system, which is a public record, and exercised a false public electronic record by having the above-mentioned person keep the above public electronic record stating the false fact of birth from that time.

As a result, Defendant A conspired with A, B, and Cho*, and name in collusion with the public electronic records, entered false facts in the family relationship registration item, which is a public electronic record, and exercised by allowing the preservation of them.

D. Obstruction of Performance of Official Duties by Fraudulent Means, Violation of the Passport Act, Non-entry in the Passport

As described in paragraph (c) above, even though he is not a child of the Republic of Korea but a person who is unable to acquire the nationality of the Republic of Korea, he/she has reported falsely to the public official in charge of issuance of a passport on May 20, 2013 at the expense of the Eup located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and the public official in charge of issuance of a passport who is not aware of such false fact, he/she has submitted a false report of birth to the public official in charge of the issuance of a passport to him/her in his/her name column *******, JO***** in the resident registration number column 13 - 3 * in the resident registration number column, * in the public official in charge of the issuance of a passport written in B * 1 copy of the passport issued in the name of the Minister 201.

As a result, Defendant A interfered with the legitimate execution of duties concerning the issuance of a passport by a public official belonging to the above-mentioned military authority through a deceptive scheme in collusion with Defendant A, B, and Cho*, and in order to obtain a passport by illegal means, Defendant A made a false report to the above public official, and made him enter false facts in the passport.

(e) obstruction of the performance of official duties by fraudulent means, and false entry and passport;

** On May 25, 2013, at the Incheon International Airport located in Jung-gu Incheon Metropolitan City, the Incheon International Airport from A to the 272 Incheon International State supply, and after being transferred the % of the n of the n of the n of the n of the n of the n of the n of the n of the n of the n of the n of the n of the n of the n of the n of the n of the n of the n of the n of the n of the n of the n of the n of the n of the n of the n of the n

As a result, Defendant A, in collusion with A, B, and Cho*, and name in collusion, obstructed legitimate execution of duties concerning departure inspection duties of public officials belonging to the Incheon International Airport by deceptive means, and at the same time, exercised the above passport stating this fact of negligence.

2. Kim MaMaMa-related Crimes

The Defendants, together with A, filed a false birth report on the ground that they were B’s children, on the ground that they were B’s children, on the ground that they were B’s children, and subsequently conspired to leave Vietnam through the Incheon State’s port of offer by obtaining a passport issued by the Republic of Korea stating false facts on both the Republic of Korea and the Republic of Korea.

(a) Any false entry into public electromagnetic records, and any event such as false entry into public electromagnetic records;

On August 6, 2013, the Defendants prepared a false birth report as if the above B gave birth to Kim Jong-, Kim Jong-, and Kim Jong-, who is a public official in charge of the report of birth of the above Mine-si Office, at the Gi-si Office of Gwangju-si, Chungcheongnam-do on August 6, 2013, at the Gi-si Office of Gwangju-si, Chungcheongnam-do, Ma-ri, Ma-ri 95, and completed a false birth report as if he had given birth to Kim Jong-, Kim Jong-, and then submitted a false birth report to the above public official in charge of the report of birth of the above Mine-si Office, together with a personal identification certificate attached to the above Article, which was known that there was a false birth report to the family relation registration system, which was a public electronic record, and had the above person in mind enter false facts in the public electronic record and keep the record of the above public electronic record by exercising the public electronic record from that time.

As a result, the Defendants conspired with A to enter false facts in the family relation registration system, which is a public electronic record, and exercised it by making it preserved.

(b) The obstruction of performance of official duties by fraudulent means, the violation of the Passport Act, and the false entry into a passport;

Defendant B, at the Gangseo-gu Seoul Metropolitan Government Office of Gangseo-gu, Seoul, on August 9, 2013, Kim 6 - 980 - 16, 2013, he was unable to obtain the nationality of the Republic of Korea, and was issued a passport under the name of the Minister of Foreign Affairs and Trade on the name column of name of the public official in charge of issuance of the passport who is not aware of the false fact after having falsely reported the birth to B's children, as described in subparagraph A of the above Article 2, and on the name column of the public official in charge of issuance of the passport, he was issued the passport on December 12, 201.

Accordingly, in collusion with A, the Defendants interfered with legitimate execution of duties concerning the passport issuance service of public officials belonging to the Gangseo-gu Seoul Metropolitan Government Office by fraudulent means, and made them enter false facts in the passport by making a false report to the above public officials in the same city by illegal means.

(c) obstruction of the performance of official duties by fraudulent means, and false entry and passport;

On August 18, 2013, the defendant B transferred Kim MaMa, a child of the Vietnamese couple, at the Incheon International Airport located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon Metropolitan City, to the Incheon International Airport, and had Kim MaMaMa, a public official in charge of departure inspection of the Incheon International Airport, pass the departure inspection by presenting Kim MaMaMaMaMaMaMaMaMaMaMa.

Accordingly, in collusion with A, the Defendants interfered with legitimate execution of official duties of public officials belonging to the Incheon International Airport by fraudulent means, and at the same time exercised the above passport stating false facts.

3. Crimes related to the rate of gambling;

Defendant A, along with name and unexploitation, forged a birth certificate as if he was a child A, A, A*, a baby of the Vietnamese couple of illegal stay** as if he was a child of **, the report of birth was made by means of preparing and submitting a false birth certificate using the forged birth certificate, and conspired to depart from Vietnam through the Incheon International Airport after obtaining a passport of the Republic of Korea with which the above infant was a national of the Republic of Korea.

(a) Forgery of private documents;

On August 2013, the name non-explosive was transferred from A to non-explosive areas: * 'box on the part of the baby in the birth certificate'* 'the age * 1964', 'the self-employed in the occupational column' * * * * 'the cat in the mother box of the baby * 'the age * 1987', 'the main book in the occupational column * 100', 'the 2nd in the address column of the mother * * 'the 3th in the birth column', 'the name and the 3th in the birth column * 'the 2nd in the birth column * 'the 3th in the birth column', 'the 2nd in the name and the 3th in the birth column * 'the 3th in the birth column', 'the 2nd in the birth column * 'the 3th in the birth column * '.

As a result, Defendant A, in collusion with A, gambling*, name in a private document ** a birth certificate in the name of medical center *.

(b) Exercising a falsified investigation document;

Gamb* around August 28, 2013, A received a forged birth certificate from A as described in Section 3-A of the above paragraph, and on the same day, at the Jung-dong community service center located in Seo-gu, Daejeon Metropolitan City on the same day, it submitted the above birth certificate to the person who is the public official responsible for the report of birth who is not aware of the forgery.

As a result, Defendant A conspired with A, gambling*, name in collusion * * * A's birth certificate in the name of medical center.

(c) Any false entry into public electronic records, and any event such as false entry into public electronic records;

Gamb* * at the date and time set forth in the above paragraph 3-B(b) above, at the place, there was no actual delivery of 1% of the day-to-day bbbb in Vietnam’s nationality, and as if he had given birth of 4-B of the above tin-to-day b, he prepared a false birth report, and submitted a false birth certificate to A, who is a public official in charge of reporting the birth of the above tin-to-be office, and had the person in good faith enter the birth in the family relationship register system, which is a public electronic record, and exercised the record of the above tin-to-day b by preserving the e-mail records containing false facts as above.

As a result, Defendant A, in collusion with Defendant A, gambling*, and name in order to enter false facts in a family relation registration item, which is a public electronic record, and to preserve it.

(d) The obstruction of performance of official duties by fraudulent means, the violation of the Passport Act, and the false entry into a passport;

Park** On September 2, 2013, Dong-dong, Daejeon Metropolitan City, Dong-dong, Daejeon-gu, Daejeon-gu, Dong-dong, Daejeon-gu, Daejeon-gu, Dong-dong*, but is not a child of the Republic of Korea, but a person who is unable to acquire the nationality of the Republic of Korea, such as the entry in Section 3 (c) above, but is unable to obtain the nationality of the Republic of Korea, and after making a false report of birth to a child of Section 3(c)***, who is a public official in charge of the issuance of the passport, in the name column of the application for the issuance of the passport, "taxing per cent", "PARK*", "11-4** in the resident registration number column," * in the address column of the Republic of Korea, and submitted a photograph of the same month to be issued by the Minister of Foreign Affairs and Trade on March 3.

As a result, Defendant A interfered with legitimate execution of duties concerning the issuance of public officials belonging to the Dong-gu Daejeon Metropolitan City Office by fraudulent means in collusion with Defendant A, gambling*, name in collusion, and at the same time, Defendant A issued a passport by illegal means, and made the above public officials make a false report to enter false facts in the passport.

(e) The obstruction of performance of official duties by deceptive means and the false entry and passport;

Lamb** around September 7, 2013, by taking over 10% of the gambling from the Vietnam national couple introduced from A in the non-resident of the city of Si, Gyeonggi-do (hereinafter referred to as the "Seung-si") around September 7, 2013, and around the 8th day of the same month, at the provision of Incheon State to the airport of Jung-gu Incheon Metropolitan City, Jung-gu, Incheon Metropolitan City, the public official in charge of departure inspection from the Incheon International Airport of Korea, presented the passport of 10%, which was illegally issued as described in paragraph 3- D of the above provision.

Accordingly, Defendant A, in collusion with A, gambling*, name infinites, obstructed legitimate execution of duties concerning departure inspection of public officials belonging to the Incheon International Airport by deceptive means, and exercised the above passport which affected the occurrence of falseness.

Summary of Evidence

[2014 Highest 3508]

1. The Defendants’ full or partial statement

1. A witness B’s legal statement;

1. A protocol of examination of the suspect of a part of the prosecution set forth in paragraphs (1) through (3) against Defendant A;

1. Article 1. * Part of the protocol of interrogation of police officers against A

1. Protocol of partial police statements about Y;

1. Each basic certificate:

1. A copy of each birth report and each birth certificate;

1. A copy of an application for issuance of the passport, a copy of a record of issuance of the passport;

1. Current status of entry or departure, and details thereof;

1. * Female Hospital replies data

1. Family relation certificate (Embama MaMaMa)

1. A letter of good credit (Maim Kim Mem MaMa)

1. Requests for fact-finding, replies such as immigration facts, and personal immigration status;

1. Investigation report (suspecting a suspect** Confirmation of the place of application for issuance of a passport to a suspect, and reporting on confirmation of whether each suspect corresponds to that between his/her sojourn period in Vietnam);

1. Previous convictions in judgment: Investigation report (the filing of separate judgments on suspects A and the confirmation report on the date of release);

[2014 Highest 3898]

1. The Defendants’ full or partial statement

1. A protocol of examination of the suspect of a part of the prosecution set forth in paragraphs (1) through (3) against Defendant A;

1. Part of protocol concerning the examination of suspect A;

1. Protocol of partial police statements about Y;

1. Family relation certificate:

1. Basic certificate:

1. Copy of the birth report;

1. Letter of credit guarantee;

1. A copy of each certificate of personal seal impression;

1. Details of each entry or departure;

1. Inquiry into the issuance of passport;

Application of Statutes

1. Relevant Articles of criminal facts;

Defendant A: Articles 231, 234, and 30 of the Criminal Act

Defendants: Articles 228(1), 229, 137 of the Criminal Act; Articles 24 and 16 subparag. 1 of the Passport Act; Articles 228(2), 229, and 30 of the Criminal Act

1. Tradeal concurrence: Defendants

Articles 40 and 50 of the Criminal Code

1. Selection of punishment: Defendants

Imprisonment, respectively;

1. Aggravation of repeated crime: Defendant A;

Article 35 (Case No. 1-e, 2, and 3 of Judgment of Criminal Act)

1. Concurrent Crimes: Defendants

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

Reasons for sentencing

A public offering in a co-offender relationship with two or more accomplices who intend to jointly commit a crime is not required under law, but is sufficient to have implied communication with each other regarding the joint execution of the crime, and there is no direct evidence thereof, and can be recognized by the circumstantial facts and empirical rules. The joint execution of a crime by a public offering is possible not on the premise that all accomplices realize the elements of the crime by themselves, but on the premise that it can cooperate with the accomplices who realize the crime by itself to strengthen the decision on the act. Whether it constitutes a public offering should be determined by comprehensively taking into account each other’s degree of understanding about the result of the act, size of participation in the act, intent to control the crime (see Supreme Court Decision 2006Do1623, Dec. 22, 2006).

In light of the relevant legal principles and evidence, the joint principal offender liability can be fully recognized with respect to the crime in the judgment against Defendant A. Nevertheless, the fact that Defendant A denies a part of the crime, and the nature of the crime is not good in light of the Act on the Acceptance of Crimes and the Details of the crime (Defendant A), most of the crimes were committed during the period of the same repeated offense (Defendant A), and the recent same kind of fine power is the same.

Defendant B, etc. is an unfavorable circumstance.

On the other hand, there is room for somewhat taking into account the circumstances leading up to the Defendants’ participation, and the fact that the amount of profit acquired by the instant crime appears to be not much significant is advantageous. In full view of such circumstances and the Defendants’ age, character and conduct, environment, degree of participation and role, health conditions, etc., the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing indicated in the records.

Judges Dominsung