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(영문) 창원지방법원 2018.10.24 2018고단2462

위계공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a foreigner of the Republic of Korea’s nationality, made a false testimony on the Defendant’s birth certificate, etc. through Brazil to bring money while staying in the Republic of Korea for a long time, and led to the Defendant to enter and stay in the Republic of Korea with a visa (H-2) for visiting employment (H-2) that can only be issued for a foreign national Korean.

On January 1, 2016, the Defendant paid USD 3,000 to the Defendant’s birth certificate, her mother’s birth certificate, her mother’s birth certificate, and her death certificate on the outer part, at a place in which the Defendant’s name was forged or falsified, and arbitrarily issued the Defendant’s birth certificate, her mother’s birth certificate, and her death certificate on the outer part.

피고인은 2016. 1. 27. 경 키 르기 스스 탄 비쉬 켁 아크 훈 바 예 브 35 번가에 있는 키 르기 스스 탄 대한민국 대사관에서 방문 취업 사증 (H-2) 을 신청하면서, 사증 발급 담당 공무원에게 위와 같이 위조된 출생 증명서 등을 제출하는 방법으로 2016. 2. 4. 경 방문 취업 (H-2) 사증을 부정하게 발급 받았다.

Accordingly, the Defendant applied for a visa by deceptive scheme at the same time as interfering with the legitimate performance of duties by public officials in charge of issuing visas belonging to the Embassy of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 137 (1) (Interference with the performance of official duties by fraudulent means) of the Criminal Act relevant to the facts constituting an offense, Article 94 subparagraph 3 of the Immigration Control Act, and subparagraph 2 of Article 7-2 of the Immigration Control Act (application for false visa);

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

1. Imprisonment with prison labor chosen;

1. Sentence of Article 62 (1) of the Criminal Act: Imprisonment with prison labor for one year or more: The number of days of detention before the sentence of two years of suspended sentence is sentenced: 36 days increased: In case of bad weather of law, domestic previous convictions and twice (two times of fines related to traffic), etc., a confession, etc.;