Defendants are not guilty.

1. No person prosecuted shall enter false facts in the documents submitted to have a passport issued or reissued, or have a passport issued or reissued by other unlawful means;

Nevertheless, the Defendants were able to exchange and submit photographs used at the time of issuance of the past passport with each other by taking advantage of the fact that both sides of the defect were shot and the external appearance were shot in order to submit photographs within the last six months at the time of applying for issuance of passport.

1. Defendant A, at around September 11, 2017, prepared an application for the issuance of a passport with the civil petition of Gangseo-gu Seoul Metropolitan Government Gangseo-gu Office 302 Gangseo-gu, Gangseo-gu, Seoul, for the reissuance of a passport, attaching a photograph of both sides B, while preparing an application for the issuance of a passport; and

2. Defendant B, at around September 11, 2017, prepared an application for the issuance of a passport at the same place as above, and applied for the reissuance of a passport by attaching a pair of balls A’ photograph.

As a result, Defendants received the reissuance of a passport by unlawful means.

2. Article 24 of the former Passport Act provides that "The issuance and reissuance of a passport, etc. shall be punished" by entering false facts in the documents submitted for the issuance and reissuance of a passport, etc. or by other unlawful means, and the timing of the crime of unlawful issuance of a passport under the interpretation of the above Act shall be "when a passport, etc. is issued and reissued", i.e., "when a passport, etc. is issued or received from a competent authority".

According to the records, the defendants submitted an application for the issuance of a passport with a different change of photographs to the civil petition of the Gu office in the Gu office and applied for the reissuance of a passport. In the case of defendant A, although the passport is issued in the name of defendant A with a photograph attached thereto, the above passport is not delivered to defendant A, and the above passport is not delivered to the public official in charge in the atmosphere of delivery, and it is later applied for.