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(영문) 인천지방법원 2020.04.23 2020고단217

위계공무집행방해등

Text

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

Reasons

Punishment of the crime

No one shall invite a foreigner by unlawful means, such as a false statement of fact or a false fidelity guarantee, in order to allow such foreigner to enter the Republic of Korea, or arrange such invitation, and apply for a visa or a visa issuance certificate, or arrange such application by falsity.

On the other hand, the authority to issue visas necessary for entry into the Republic of Korea is delegated to the head of an overseas diplomatic mission of the Republic of Korea in accordance with the Immigration Control Act and subordinate statutes, and in the case of an overseas diplomatic mission, a consul in charge of issuing visas examines the application for visa issuance and accompanying documents submitted by a foreigner, and determines whether to issue visas, and in order for a foreigner to obtain a visa in an overseas diplomatic mission of the Republic of Korea frequently generated by illegal stay such as Pakistan, etc., a foreigner issued a visa of the Republic of Korea through strict examination, such as inviting a person engaged in certain economic activities in

Around August 2014, the Defendant accepted the proposal that “A”, “C,” and “D,” from “B,” and “D, would give rise to USD 1,000-1,50 per person at the time of entry into the Republic of Korea to foreigners of Pakistan who wish to enter the Republic of Korea as if they would engage in trading business.”

around September 2014, the Defendant: (a) drafted a letter of invitation and a letter of fidelity guarantee, which, after obtaining from B the personal information of Pakistan (GU, South, and NorthV) wishing to enter Korea from B, inviting the above GU for trade in “GX” operated by GW, the Defendant’s seat; (b) drafted a letter of invitation and a letter of fidelity guarantee to guarantee the identity of the Defendant; and (c) sent it by e-mail to GW located in the Republic of Korea; and (d) accepted the above letter of invitation, etc. by international mail.

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