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(영문) 창원지방법원 2019.03.14 2019고단243

위계공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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

Defendant was aware of the fact that he was unable to obtain a visa from a foreign country as a legitimate procedure, while having discovered a method of allowing his entry into the Republic of Korea and employment activities, and sentenced him to obtain a visa from a foreign country via an immigration broker broding.

On February 2, 2016, the Defendant introduced B’s name-free entry or departure broker, and requested B’s B’s entry into the Republic of Korea with a visa available for entry into the Republic of Korea, and promised to pay USD 10,000 in return for the issuance of B’s visa.

On February 2, 2016, the Defendant issued the Defendant’s identification card, passport, photograph, etc. to Broker from the Hague to Broker, and the said Broker to C’s staff D, a manufacturer of the Multimond construction site, as if the Defendant did not wish to purchase the Multimond construction site, sent a letter of invitation, etc. necessary for obtaining a visa, and received the letter of invitation, etc. around May 2, 2016, by deceiving D.

After that, around May 10, 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 Tehye, and was issued a visa unlawfully by submitting a visa issuance document, such as a letter of invitation to the Defendant, which was falsely prepared to the effect that the Defendant is invited for business purposes by the “C” to the public official in charge of visa issuance.

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. Statement of D police statement;

1. A copy of an application for visa issuance, invitation letter, and integrated application;

1. Application of the Acts and subordinate statutes on accusation of an immigration offender at the request of an investigative agency;