Supreme Court Decision 2020Do12239 Decided April 28, 2022 【Obstruction of Performance of Official Duties by Fraudulent Means; Execution of Passports Falsely Entered; Violation of the Passport Act】

【Main Issues and Holdings】
[1] Meaning of the term “fraudulent means” as referred to in the crime of interfering with the execution of duties by a public official by fraudulent means
[2] Meaning of the terms “false report” and “false fact” as referred to in the crime of executing a passport application in which a false entry was made
Standard for determining whether the matters entered in the officially authenticated original deed correspond to false entries
[3] Where a foreign woman registered a marriage with a man who is a national of the Republic of Korea as a means to enter the Republic of Korea and obtain employment therein, but there was no agreement to marry between the parties, whether the woman may acquire Republic of Korea nationality pursuant to Article 3 Subparag. 1 of the former Nationality Act (negative) and, in such a case, where the woman obtained a passport issued by recording her personal information as if she had acquired the nationality of the Republic of Korea and submitted it to an immigration control official, whether such act may constitute a crime of interfering with the execution of duties by a public official by fraudulent means and the crime of executing a passport application in which a false entry was made (affirmative)