beta
(영문) 서울중앙지방법원 2018.10.17 2018고단5020

출입국관리법위반등

Text

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

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

1. The Defendant violated the Immigration Control Act is a person who jointly operated “F Driving Schools” in Yeongdeungpo-gu Seoul Metropolitan Government E with the Defendant’s husband D (D and Chinese nationality).

A Korean national Korean who is 25 years of age or older is a foreign national Korean national Korean, and a person who is 25 years of age or older is entitled to apply for permission to change the status of stay for the visiting employment (H-2) by using the “application system for technical education in the visiting employment system” operated by the Immigration Policy Headquarters of the Ministry of Justice, by supporting the person eligible for technical education, and by drawing lots of subjects for technical education, after entering the Republic of Korea as a short-term visit (C-3) and completing prescribed technical education, and submitting a letter of recommendation for change

D Using this, the Defendant received money from Chinese nationals who entered the Republic of Korea as a short-term visit (C-3) to invite them to obtain a recommendation to permit the change of employment eligibility necessary for applying for status of stay by manipulating the details of withdrawal as if they could have completed education even if they did not actually attend the technical education class. In collusion with D, the Defendant decided to take charge of administrative affairs, such as attending the said private teaching institute, managing instructors, organizing the details of withdrawal, and receiving fees.

After that, the Defendant and D had a Chinese national who did not actually participate in classes manipulated the entry records falsely as if they were present to meet the completion standards, thereby allowing them to receive “written recommendation to change the qualification for visiting employment”.

The Defendant: (a) received KRW 100,000 from November 6, 2017 to December 13, 2017, 100 from G entering the Republic of Korea with a short-term visit visa in accordance with the foregoing public offering; (b) received KRW 1,00,00 from the said G’s class period from November 6, 2017 to December 13, 2017, the said G did not appear at all in the said private teaching institute; (c) however, the said G did not appear in the said private teaching institute.