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(영문) 수원지방법원 안산지원 2015.11.27 2015고단3285

위계공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

The Defendant, with Chinese nationality from January 17, 1995 to August 4, 1998, has entered and departed from Korea more than six times in total with a passport issued with a true Chinese nationality from January 17, 1995 to August 4, 1998, and had a mind to re-entry by creating a false name passport forged for the birth year, knowing that the Defendant is favorable for employment in Korea.

The Defendant paid 300 won of Chinese money (Korean Won KRW 54,00 at that time) to Chinese brobeer in an unsound place in China, and created a forged Chinese bros certificate indicating four birth dates (C.), which was less than the original birth dates (D.), and then issued the name passport on February 10, 2003.

The defendant has re-entry and departure five times from the Republic of Korea until January 22, 2007 after re-entry.

On July 2012, the status of stay in Korea has been changed to the visa of overseas Koreans using the above-name passport for the purpose of staying in Korea and has been resided in Korea until now.

On December 17, 2009, the Defendant left China from the Incheon Jung-gu Airport to China from 272 Incheon Airport, and the Defendant passed the departure inspection by presenting the above-mentioned name passport to the employee of the Incheon Airport Immigration Office in his name in order to conceal the fact of re-entry using the above name passport.

From that time to July 10, 2012, the Defendant entered or departs from the Republic of Korea using a name passport at least five times in total, as shown in the annexed crime list, or obtained permission to change the status of stay from the Immigration Office.

Accordingly, the defendant, who is a public official in deceptive scheme, interfered with the legitimate execution of duties related to the immigration control office's entry and departure examination and change of sojourn status.

Summary of Evidence

1. Defendant's legal statement;

1. Each internal investigation report and investigation report;

1. A copy of the domestic domicile report register, a copy of the Chinese Family Register, a copy of the name Chinese Family Register, a copy of the name Chinese Family Register, a copy of the personal passport, a copy of the entry and departure status, and a cooperation in investigation;