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(영문) 인천지방법원 2016.09.08 2016고단3764

출입국관리법위반

Text

Defendants 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 apply for a visa or a visa issuance certificate, or mediate such application, to allow an alien to enter the Republic of Korea.

Nevertheless, the Defendants recruited Chinese workers who want to receive money in Korea and offered them to enter the Republic of Korea by allowing them to apply for a visa using a false invitation letter and to receive the price therefor.

On August 31, 2012, the Defendants conspired to deliver identification cards, etc. to Defendant B, who wants to be employed in Korea, by Defendant A, and sent them to Defendant B. Defendant B assisted the said D to apply for a false visa on nine occasions by submitting a visa application accompanied by a false invitation letter to the Secretary General of the Republic of Korea, who is in the State of China, to the effect that “E” who is his/her representative, is invited for the purpose of work D, by submitting the visa application accompanied by a false invitation letter to the Secretary General of the Republic of Korea, for the purpose of work D and arranging him/her to apply for a false visa by December 24, 2012.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copies of each police interrogation protocol regarding F or D;

1. A copy of each statement of F and D, and G;

1. Application of Acts and subordinate statutes on internal investigation reports (the current status of invitation and entry or departure-related records), internal investigation reports (a copy of a visa application) and internal investigation reports;

1. Relevant Article 94 subparagraph 3 of the Immigration Control Act, and Article 7-2 subparagraph 2 of the same Act, and Article 30 of the Criminal Act, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, each of the crimes in this case is for probation and community service order to allow Chinese people to enter the Republic of Korea by issuing a false invitation letter, etc.