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(영문) 인천지방법원 2019.06.13 2019고단2754

출입국관리법위반등

Text

A defendant 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

1. Notwithstanding the fact that a foreigner violating the Immigration Control Act is able to stay in the Republic of Korea within the scope of his/her status of sojourn and the period of sojourn, the Defendant entered the Republic of Korea as an organization of sojourn status (C-3-2) on August 22, 2017 and stayed in the Republic of Korea by April 22, 2019 without obtaining permission for extension, despite the expiration of the period of sojourn on September 21, 2017.

Accordingly, the defendant stayed in Korea without status of stay.

2. On January 28, 2019, the Defendant: (a) stated on the plastic card in the form of a foreign registration certificate in the name of the Defendant, 2019, the Defendant: (b) stated that he/she would have forged a foreigner registration certificate in the name of the Defendant (hereinafter “C”) at the intervals of 9 million Vietnam; and (c) requested the Defendant to create a foreigner registration certificate at the time of transmitting the Defendant’s photograph; (d) stated that he/she would have an alien registration number on the plastic card in the form of a foreign registration certificate; and (e) stated that he/she would have the status of stay (F-2); and (e) stated that he/she would have the date of issuance (F-2); and (e) sent a foreigner registration certificate to the Defendant through international mail by printing the photograph transmitted by the Defendant.

Accordingly, the defendant, in collusion with the above-mentioned foreigner registration certificate forgery business operator, forged one foreign registration certificate under the name of the head of the Incheon Immigration Office, an official document.

Summary of Evidence

1. Statement by the defendant in court;

1. Existing presence under subparagraph 1 of this Article;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act (the occupation of illegal stay and the choice of imprisonment), Articles 225 and 30 of the Criminal Act concerning the facts constituting an offense;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 48(1)2 of the Criminal Act of confiscation;