beta
(영문) 창원지방법원 2019.03.13 2019고단201

위계공무집행방해등

Text

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

except that 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

The defendant knew that he cannot obtain a visa from a foreign country, which is a legitimate procedure, while finding out how he/she is a foreigner of his/her nationality who leaves his/her country and resides in another country and is capable of engaging in job-seeking activities.

On April 2016, the Defendant requested Broman to obtain a visa from a foreign country on his/her name-free entry or departure broker and contact with Broman via the Internet. At that time, the Defendant issued a copy of the Defendant’s identification card, photograph, and USD 6,000 to Broman through Broman’s name-free box sent by Bromoer from his/herme to his/her name-free box.

The above Brazil sent a letter of invitation, etc. necessary to obtain a visa when the Defendant was aware that the Defendant would purchase a medical device even though there was no plan to purchase the medical device, etc., and received a letter of invitation, etc. on August 2016, by deceiving the above D. < Amended by Presidential Decree No. 27420, Aug. 2016>

Then, around August 21, 2016, the aforementioned Brazil applied for a visa for a short-term visit visa (C-3) to the Defendant at the Embassy of the Republic of Korea in the Republic of Korea located in the Tehye, and was issued a visa unlawfully by submitting a visa issuance document, such as a letter of invitation to the Defendant, prepared by the public official in charge of the issuance of the visa to the effect that the Defendant is invited for business purposes.

As a result, the Defendant conspired with the above name-based Brazil, thereby hindering a public official in charge of issuing visas belonging to the Embassy of the Republic of Korea by fraudulent means, and simultaneously filing a false visa.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Copy of the statement made D;

1. A copy of an application for visa issuance, such as a copy of the invitation letter for foreigners, and a copy of refugee application;

1. An immigration offender at the request of an investigative agency;