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(영문) 광주지방법원 2017.08.31 2017고단1432 (1)

위계공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 30, 2017, the Defendant was sentenced to two years of suspension of execution in imprisonment with labor for a year by obstructing the performance of official duties in a deceptive scheme at the Gwangju District Court, and the judgment became final and conclusive on April 6, 2017.

C knowing the fact that the status of stay can be changed legally if a refugee application is filed in the Republic of Korea, C, with the knowledge of the fact that the status of stay can be legally staying in the Republic of Korea, 1.5 million won was requested to the defendant who is a hub for arranging refugee applications for false refugee applications, and the defendant was able to receive C's false refugee applications.

C Around January 5, 2016, the fact at the branch office of the Incheon Immigration Office located in the Gu of Ansan-si, a member of Ansan-si, without residing in the member D, and was threatened by the Islamic Republic of Islamic Republic from the Islamic Republic of Korea. However, according to the Defendant’s direction, the Defendant’s address in the column of the domicile of the refugee application and the column of the cause thereof, “Issan-si, the 102 Islamic Republic of Korea,” and “Is Islamic Republic of Korea due to religious species.”

"A threat is being made" after entering false matters, such as "E" and "A" in the name of a lessor "E" and a lessee "C," and submitting a false refugee application to a public official in charge of the branch office of the Incheon Immigration Control Office who is unable to know such circumstances, and thereby obtaining permission from the immigration control lawsuit to change the location of the body and change in the status of stay (B-1 G-1).

Accordingly, in collusion with C, the Defendant interfered with the legitimate performance of duties by public officials of the immigration management office in charge of changing the location of the body and changing the status of stay by fraudulent means.

Summary of Evidence

1. The legal statement of the defendant and C

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. On-site investigation reports;

1. Details of application for refugee status (general status);

1. A copy of all documents of hearing about the spirit of the people in distress;

1. A monthly housing tax contract;

1. Previous convictions in the judgment: A criminal investigation report (the text of the judgment) and a criminal investigation report (the report of the confirmation of the case) shall apply to the law.