(a) Requirements for establishing crimes of receiving money and valuables under Article 5 (2) of the National Security Act;

B. The meaning of diving under Article 6 (2) of the National Security Act

(c) Requirements for establishing crimes such as communications connection under Article 8 (1) of the National Security Act;

D. The meaning of "where convenience is provided by other means" under Article 9 (2) of the National Security Act

(e) Whether the notice may be a State secret under the National Security Act.

A. The acceptance of money and valuables under Article 5(2) of the National Security Act is established as receiving money and valuables from a member of an anti-government organization or from a person who received an order from him, with the knowledge of the fact, and the purpose of receiving money and valuables is not to affect the establishment of a single offense.

B. The act of locked under Article 6 (2) of the National Security Act does not limit only to the entry into the Republic of Korea in accordance with the non-conforming procedure, but also to the extent that the act of locked is not necessarily a locked from an area under the control of a anti-state organization, and even if a person entered the Republic of Korea with a legitimate passport and returned to Japan through a legitimate procedure, if he was ordered by a member of an anti-government organization, and he was willing to fulfill his purpose, it constitutes locked.

C. The crime of communications connection, etc. under Article 8 (1) of the National Security Act is established upon knowing that it is an interest of anti-government organizations.

D. Article 9(2) of the National Security Act provides "if convenience is provided by other means, it includes any act of offering all convenience other than the act of offering guns, ammunition, money and other property benefits to a criminal violating the National Security Act, excluding the act of offering a place for locked and communication."

(e) Even if any information was publicly announced through a domestic newspaper, radio, etc., if it becomes favorable for anti-government organizations, it shall constitute State secrets under the National Security Act.

(a) Article 5(2) of the National Security Act; Article 6(2)(c) of the same Act; Article 8(1)(d) of the same Act; Article 9(2)(e) of the same Act;

A. Supreme Court Decision 74Do694 delivered on April 23, 1974, 83Do863 delivered on June 14, 1983 D. 71Do2023 delivered on January 16, 1973, 83Do665 delivered on May 10, 1983

Defendant

Defendant

Attorney Jeong-chul

Seoul High Court Decision 84No1054 delivered on July 10, 1984

The appeal is dismissed.

The ninety days under detention after the appeal shall be included in the original sentence.

The grounds of appeal by the defendant and the public defender are examined together.

1. Examining the evidence presented by the court of first instance after comparing it with the records, it is sufficient to recognize each criminal facts against the defendant at the time of the first trial on the approval of the court of first instance, and there is no violation of the rules of evidence or incomplete deliberation as alleged in the process of fact-finding. Therefore, the appeal on this part

2. The receipt of money and valuables under Article 5 (2) of the National Security Act is established as receiving money and valuables from a member of an anti-government organization or a person who received an order from him with the knowledge of the fact, and the purpose of receiving money and valuables is not affected by the establishment of the crime (see Supreme Court Decision 74Do694 delivered on April 23, 1974). According to the reasoning of the judgment below, the defendant received money and valuables under Article 5 (2) of the National Security Act with the knowledge that the person who provided money and valuables is a member of the anti-government organization, which is an anti-government organization. Thus, the defendant received money and valuables under Article 5 (2) 1, 2, and 5 of the Presidential Decree with the knowledge that the non-indicted 1 was a member of the anti-government organization, which is an anti-government organization, and therefore, the court below is just to have determined that the above money

3. The act of locked under Article 6 (2) of the National Security Act is not limited to the entry into Korea by non-conforming procedure, and unlike the case of paragraph (1) of the same Article, the act of locked is not limited to the entry from an area under the control of an anti-government organization, and even in case where the act of locked was entered Korea by holding a legitimate passport in Korea, and returned to Japan by lawful procedure, it constitutes locked if he was ordered to order from a member of an anti-government organization (see Supreme Court Decision 83Do863, Jun. 14, 1983) and if he had an intention to achieve its purpose, it constitutes locked (see Supreme Court Decision 83Do863, Jun. 14, 1983). Accordingly, the court below's decision that the court below applied Article 6 (2) of the National Security Act to the second-

4. 국가보안법 제8조 제1항 소정의 통신연락등의 죄는 반국가단체의 이익이 된다는 정을 알면서 그 구성원과 통신 기타 연락을 함으로써 성립한다고 할 것 인바 ( 당원 1971.2.23. 선고 71도45 판결 참조) 원심판결 이유에 의하면, 피고인은 반국가단체인 조총련의 구성원인 외삼촌 공소외 1과 그의 처 공소외 2로부터 판시 5항 기재와 같은 지령을 받고(그 지령사항 중에는 공소외 2의 사촌오빠인 공소외 3과 접촉근황 보고하라는 지령이 포함되어 있다) 귀국한 후 판시 7항 기재와 같이 무사히 도착하였고, 며칠 후 외숙모의 사촌오빠인 공소외 3을 찾아뵙고 연락을 드리겠다는 내용의 전화를 하였다는 것이니 이는 피고인이 국내에 무사히 도착하여 지령사항을 수행하겠다는 내용이 포함된 전화라고 볼 것이고, 또한 피고인은 판시 9항 기재와 같이 공소외 1 및 2에게 공소외 3을 만나뵙고 왔는데 모두 잘 있으며 외숙모의 주소와 전화번호를 적어 주었으며 자주 연락드리도록 부탁하였다는 내용의 전화를 하였다는 것인바, 이 또한 위 지령사항을 수행하였거나 수행중 임을 알리는 내용이 포함된 전화라 할 것이므로 위 각 전화는 단순한 친척간의 안부연락을 넘어 반국가 단체인 조총련의 이익이 된다는 정을 알면서 그 구성원과 지령사항에 관한 통신연락을 한 것이라 할 것이고 이에 대하여 국가보안법 제8조 제1항 을 적용한 원심판결은 정당하며 여기에 논지가 주장하는 법리오해의 위법이 없다.

5. The term "provision of convenience by other means" under Article 9 (2) of the National Security Act includes any act of offering all conveniences except for the act of offering guns, ammunition, money and other property benefits, locking and meeting liaison to a criminal violating the National Security Act (see Supreme Court Decision 71Do2023, Jan. 16, 1973). According to the records, the defendant's contact with the non-indicted 1 and 2, who is the non-indicted 3, who is the non-indicted 2's private-party 2's private-party 2's private-party 2's private-party 2's private-party 2's private-party 2's private-party 2's private-party 2's private-party 3's private-party 3's private-party 2's private-party 2's private-party 1's private-party 2's private-party 2's private-party 3's private-party 1's private-party 2's private-party 3's private-party 2's private-party 2's private-

6. The decision of the court below is just and there is no error in the misapprehension of legal principles as argued in the Grounds for Appeal against State Secrets under Article 4 (1) 2 of the National Security Act in the case where it becomes favorable material for anti-government organizations, even though it has been publicized in the Republic of Korea by newspapers, radio, etc., and thus, it constitutes a State secret under the National Security Act if it becomes favorable material for anti-government organizations (see Supreme Court Decision 83Do665, May 10, 1983).

7. Finally, examining the defendant's age, character and conduct environment, motive, means and method of the crime of this case, and circumstances after the crime, etc., which are the conditions for sentencing, compared with records, the determination of the defendant's punishment of the court below is reasonable and there is no evidence to find it unreasonable, and there is no ground for appeal as to this point.

Therefore, the appeal shall be dismissed, and the ninety days of detention after the appeal shall be included in the original sentence in accordance with Article 57 of the Criminal Act. It is so decided as per Disposition by the assent of all participating judges.

Justices Jeong Jong-tae (Presiding Justice)