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(영문) 인천지방법원 부천지원 2012.12.27 2012고정1911

위계공무집행방해

Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 17, 2011, the Defendant entered a short-term comprehensive (C-3) visa and is currently staying in the country with permission from a visa (H-2) visa. The Defendant offered documents related to which education was completed at a designated technical education support group for overseas Koreans (hereinafter “support group”) and a letter of recommendation issued from the above support group to the Immigration Office, and submitted them to the Immigration Office for the purpose of staying for a long-term stay with the president of the CAD with a view to obtaining permission for change of sojourn status as a visa for visiting employment (H-2).

From August 6, 2011 to January 29, 2012, the Defendant obtained permission to change his/her status of stay as a general trainee (D-4) after registering with the pertinent private teaching institute operated by Nam-gu Incheon Metropolitan City E.

The Defendant signed “A” in the student signature column of the ex officio admission management ledger prepared as if he/she had received normal education at the pertinent private teaching institute, even though he/she was absent without receiving technical education from October 10, 201 to 18:10 on the same day while he/she was registered and changed his/her status of stay after receiving the aforementioned education.

The Defendant, along with D, submitted to the above Support Group documents proving attendance, such as the attendance book, ex officio admission management ledger, fingerprinting attendance book, etc., which was prepared five times by January 28, 2012 in a false manner, and received a letter of permission to change sojourn status (H-2).

On February 2, 2012, the Defendant: (a) prepared a letter of recommendation and an application issued by the Incheon Immigration Office located in Jung-gu, Incheon; and (b) obtained permission to change the status of visiting employment (H-2) visa under the name of the head of the Incheon Immigration Office on February 10, 2012.

As a result, the defendant interfered with the performance of duties concerning the change of status of a public official in charge of Incheon Immigration Office.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of the balance sheet and fingerprints attendance book; and

1. A list of the status of data analysis;

1. Application of the Acts and subordinate statutes of a copy of a report on completion of technical education for overseas Koreans; and