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(영문) 서울남부지방법원 2020.11.19 2020고단5118

출입국관리법위반

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

On October 1, 2007, the Defendant, from the People's Republic of China (hereinafter referred to as "China"), acquired the nationality of the Republic of Korea with his father B (C and intellectual disability B) from the People's Republic of China (hereinafter referred to as "China"), and was issued a passport ( passport number D and E) in his name on November 20, 207, respectively.

Since then, around March 28, 2008, the Defendant first departs from the Republic of Korea passport issued as above and entered or departing from the Republic of Korea, and around May 12, 2008. However, the Defendant: (a) around December 25, 2010; and (b) around September 21, 2008, when the Defendant intended to enter the Republic of Korea on or around March 201, the period of stay was determined in China; (b) the Defendant attempted to enter the Republic of Korea on or after March 201 in accordance with the "Act on the Management of Entry and Departure of People's Republic of China," but (c) the Defendant was aware of the fact that it was possible to depart from China to pay approximately 1.80,00 won of fine due to illegal stay in accordance with the "Act on the Management of Entry and Departure of People's Republic of China," and (d) tried to enter China to forge a Chinese passport under the name of China and the Republic of Korea; and (d) let China and enter China and enter China.

Accordingly, around March 201, the Defendant: (a) sent 10,00 to China’s Bracker “I”; (b) requested the Defendant to create a false Chinese nationality passport; and (c) obtained, respectively, a Chinese nationality forged passport stating CHN, name “A, F, date of birth”, “G”, passport number “J”, and a Chinese nationality forged passport stating CHN, name “B, H, date of birth”, and passport number “K,” respectively.

When a national intends to depart from the Republic of Korea to any area outside the Republic of Korea, he/she shall hold a valid passport and undergo an entry or departure inspection by the immigration control official at the entry or departure port.