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(영문) 인천지방법원 2014.09.26 2014고단5367

여권법위반등

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a person who was forced to leave on July 11, 2013 while illegally staying in Australia for about 14 years, and the defendant B is a partner of the above A.

On December 2, 2013, at the house of Defendant B located in Daejeon Dong-gu, Daejeon Police Officer, the Defendants were unable to re-entry the Australia due to Defendant A’s illegal stay record in the above Australia. Defendant B, upon applying for his passport, submitted Defendant A’s photograph and issued the passport. Defendant A conspired to re-entry the Australia by using the passport.

1. From January 2, 2014, the Defendants were recruited as above, at the 147-ro, Dong-gu, Daejeon Metropolitan City civil petition service and passport receipt counter, Daejeon Metropolitan City Office, Daejeon, Daejeon, Dong-gu, and Defendant B, while applying for issuance of a passport under his own name, attached a photograph of Defendant A, which is not his photograph, and submitted along with Defendant A’s resident registration certificate, Defendant A’s photograph, and had a public official, who is unaware of the circumstances, issue a Korean passport ( passport number: E) in the name of Defendant B, on January 3, 2014, on which Defendant A’s photograph is attached.

As a result, Defendants conspired to enter false facts in a passport and received a passport in an unlawful way.

2. On February 2, 2014, the Defendants: (a) conspiredd as above; (b) submitted a departure inspection in the Incheon International Airport located in Jung-gu Incheon, Jung-gu; and (c) Defendant A submitted a passport in the name of B, such as that of the preceding paragraph, to a public official in charge of departure inspection who is aware of the fact that the passport was false, and was discovered and attempted during departure inspection.

As a result, the Defendants conspired to exercise a false entry passport, and attempted to depart from the country without departure inspection by a valid passport.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination report, such as a false alteration and passport;

1. Records of seizure; and