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창원지방법원 2020.04.01 2020고단466

위계공무집행방해등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a foreigner of Pakistan nationality, who entered the Republic of Korea with a short-term visit of stay status (C-3-4) around August 28, 2017, and changed the status of stay into a refugee application and other (G-1-5) around November 8, 2017, and has valid status of stay until February 6, 2020.

On July 2017, the Defendant knew that he is unable to obtain employment by entering the Republic of Korea in a normal way, and asked Brererer to make relevant documents, such as the invitation letter, a certificate of fidelity guarantee, etc., through “B,” with the knowledge of the fact that he/she is unable to obtain employment, and asked Brer to make a false invitation letter and a letter of fidelity guarantee, etc., in the name of “B” (hereinafter “Brer”). Accordingly, Brer created a false invitation letter and a letter of fidelity guarantee, etc. in the name of “B” and gave rise to the Defendant.

On August 13, 2017, the Defendant, at the Korean consul stationed in the United Emirate, filed an application for a visa to enter the Republic of Korea, accompanied by a letter of invitation, a letter of fidelity Guarantee, etc. received from Brazil, and entered the application for five days as if the Defendant were to enter the Republic of Korea for business purposes in relation to the Amimirate, with the foregoing letter of invitation, a letter of fidelity Guarantee, etc.

As a result, the Defendant conspired with “B” and “B” and “B”, thereby obstructing the legitimate execution of official duties by a public official in charge of visa issuance, who belongs to the Korean consular official in charge of the Republic of Korea stationed in the U.S., and filed a false application for

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on visa issuance, invitation letter, commercial permit, certificate, and postal service record;

1. Relevant Articles 137 and 30 of the Criminal Act concerning criminal facts (the point of obstruction of performance of official duties by fraudulent means), Article 94 subparagraph 3 of the Immigration Control Act, subparagraph 2 of Article 7-2 of the Immigration Control Act, Article 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Incompetence] is bromaned with an unfair visa.