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(영문) 청주지방법원 2020.01.30 2019고단2359

출입국관리법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

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 an alien to enter the Republic of Korea, or arrange such invitation, or apply for a visa or a visa issuance certificate, or arrange such application by falsity.

The Defendant, as the representative director of the LAB, conspired with the persons in distressed name (the name “C”, “D”) and foreigners wishing to be employed in Korea in Vietnam by falsely inviting them to enter Korea. The Defendant, as the representative director of the LAB, conspired with the persons in distressed name by lending the above company name.

In early 2017, the victims of false names proposed that the defendant invite Vietnam to enter Vietnam as if he/she had "B" and a normal trade transaction with "B" at a non-permanent location between Vietnamn Hahn and Ho Chi Minh and the defendant. The defendant accepted the above proposal and prepared documents, such as business registration, certificate of tax payment, certificate of personal seal impression, etc. necessary for the invitation on condition that he/she will receive KRW 1.5 million per each invitation letter, and entered the false invitation purpose of "cosmetic, daily products, and general logistics-related market research and company visit" in the invitation letter prepared in advance with the list of the persons who were killed in name, and then sent it to Vietnam by inviting them to enter the Republic of Korea by mail or letter on June 21, 2017, such as allowing them to enter the Republic of Korea through the Incheon Airport on or around June 21, 2017, as shown in the attached list of crimes, and inviting them to enter the Republic of Korea by unlawful means for 14 foreign persons over 17 occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes on accusation against a request for cooperation in investigation affairs, a list of persons proposed to answer to entry or departure, F photograph, or immigration offender;

1. Article 94 of the Immigration Control Act and Articles 94 and 7-2 of the same Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;