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(영문) 부산지방법원 2015.08.12 2015고정2298

출입국관리법위반방조등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 29, 2014, the defendant, at the residence of Kimhae-si B, 102 Do 1603, around July 29, 2014, received a proposal from C to make it possible for women of Vietnam, who are Vietnam, to visit Jeju-do and lent his/her certificate of foreigner registration to D. On the same day, C and D on the same day, while boarding the aircraft on the Jeju-do port in Gangseo-gu, Busan-do, and submitted as if they completed the defendant's foreigner registration certificate to the employees of the airport corporation in non-name when having been on board the aircraft on the Jeju-do.

As a result, the Defendant leased the above foreign registration certificate to the Defendant, which is an official document issued by the head of the immigration office, in the unlawful use of the Defendant’s foreign registration certificate as D, thereby aiding and abetting the Defendant to commit the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes attached to registered foreigners, marriage relation certificates, resident registration copies, and accomplice C judgment;

1. Article 94 subparag. 19 of the Immigration Control Act, Article 33-2 subparag. 4 of the Immigration Control Act, Article 32(1) of the Criminal Act (the point of aiding and abetting the unlawful use of foreigner registration certificates), Articles 230 and 32(1) of the Criminal Act (the point of aiding and abetting the unlawful use of official documents) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the nature of a crime committed by a criminal defendant on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not weak, the defendant recognized the crime and is against depth, the defendant is raising a child who has been married with his husband who is a Korean citizen and has been bringing up his child for nine months at the present. The defendant's husband is a third degree of hearing disability and is in an economically difficult situation as a basic living recipient, and all the other conditions of sentencing, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc.