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(영문) 수원지방법원 2016.06.16 2016고정49

위계공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 28, 2009, the Defendant entered the non-professional employment (E-9-1) visa and entered the Republic of Korea on October 28, 2013, and entered the Republic of Korea on the expiration of the period of sojourn on October 28, 2013, and entered the Republic of Korea on the short-term visit (C-3-4) visa on January 29, 2014, and C operates a restaurant as a person of a mon nationality, and D is engaged in the cosmetic sales business.

On September 2013, in order to receive a visa (D-8-1), the Defendant made an investment of KRW 100 million to a Korean corporation, but did not prepare 40 million out of KRW 100 million of the investment amount, and upon being introduced through C, requested the introduction of D through C to deposit the insufficient investment amount in a false manner, and D accepted it.

Accordingly, on September 1, 2013, the Defendant transferred KRW 60 million to the E’s account, a partner of Mongolia, and transferred KRW 40 million to D, and thereafter, the Defendant issued a written confirmation to the effect that, around October 1, 2013, the Defendant deposited USD 95,000 ($ 100,000) from Mongolia to the Defendant’s foreign exchange bank account, as the Defendant, from Mongolia as the person who deposited the said amount into the Defendant’s foreign exchange bank account, and that the said amount was paid as the transaction price for goods.

On October 1, 2013, the Defendant issued a certificate of account balance to the foreign exchange bank account deposited with USD 95,000 as above by the Defendant around October 1, 2013, and then withdrawn the above amount and returned KRW 40 million to D.

On April 25, 2014, the Defendant submitted a copy of the passbook of the foreign exchange bank, a copy of the F corporation registry, a foreign investment company registration certificate, etc. to the person in charge of the investigation into the name and submitted a written confirmation of the E, and then submitted a written confirmation of the E's name and received permission from the person in charge of the investigation on December 18, 2014 from the person in charge of the investigation.

Accordingly, the defendant conspireds with D.