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The judgment of the court below is reversed.
Defendants shall be punished by a fine of one million won.
The above fines are imposed by the Defendants.
Reasons
1. As to the violation of the Passport Act against the Defendants, the lower court found the Defendants not guilty on the grounds that the passport for which the Defendants applied for the reissuance was not issued (Defendant B) or the issued passport was not issued (Defendant A), but did not have any penal provision on attempted crimes under the Passport Act.
However, under the interpretation of Article 24 of the Passport Act, only a document stating false facts in order to have a passport reissued should be deemed to have reached the number of pages.
Therefore, the lower judgment erred by misapprehending the legal doctrine.
2. As to Defendant A
A. Article 16 of the Passport Act provides that "no person shall commit any act falling under the following subparagraphs". Article 16 of the Passport Act provides that "any person shall be punished by imprisonment with prison labor for not more than three years, or by a fine not exceeding 30 million won, for any person who enters false facts in the documents submitted to obtain the issuance or reissuance of a passport or by other unlawful means, or who obtains or arranges the issuance or reissuance of a passport, in violation of subparagraph 1 of Article 16 (including cases applied mutatis mutandis in accordance with Article 14 (3))." Article 24 provides that "any person who enters false facts in the documents submitted to obtain the issuance or reissuance of a passport, etc. in violation of subparagraph 1 of Article 16 (including cases applied mutatis mutandis in accordance with Article 14 (3)) or any person who obtains or arranges the issuance or reissuance of
In light of the contents, form, and system of Articles 16 subparag. 1 and 24 of the Passport Act and the legislative intent thereof, Article 16 subparag. 1 of the Passport Act provides that no passport shall be issued or reissued by unlawful means. However, the above provision states that “any document submitted to obtain or reissue a passport is false.”