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(영문) 창원지방법원 2017.06.22 2017고단1139

출입국관리법위반

Text

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 person who has been granted permission to stay until May 18, 2017, with the nationality of Pakistan and the entry into the general status of stay (C-3-4) on November 25, 2015, and the change into the status of other stay (G-1-5) upon application of the injured on February 26, 2016.

On August 20, 2015, the Defendant sent a letter of invitation to purchase the goods produced by C Co., Ltd. after directly checking D to the representative of C Co., Ltd. on or around August 20, 2015.

C. The e-mail is sent

The above D received a letter of invitation by mail.

However, in fact, the defendant did not think of purchasing goods produced by C Co., Ltd., and obtained a visa using the invitation letter, and thought that he will enter Korea and engage in job-seeking activities.

Nevertheless, on October 26, 2015, the Defendant applied for a visa at the Embassy of the Republic of Korea stationed in Pakistan, and attached the invitation letter received from D as above as if he visited C Co., Ltd. for business.

Accordingly, the defendant filed a false visa to enter Korea.

Summary of Evidence

Application of Acts and subordinate statutes to a criminal investigation report (e-mail attachment and suspect telephone call content) on refugee applications, applications for visa issuance, invitation letter, and personal identity guarantee report (ar relative telephone conversation of the inviter) in a written accusation of police statement against D on the Defendant’s legal statement (part)

1. Relevant Article of the Act and subparagraph 3 of Article 94 and subparagraph 2 of Article 7-2 of the Immigration Control Act regarding the facts constituting an offense;

2. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution shows that there is no reflective appearance, such as asserting that the Defendant did not apply for a visa in a false manner since the Defendant thought the goods of C Co., Ltd. at present in this court, but, in light of the fact that there was no criminal history