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(영문) 인천지방법원 2019.11.21 2019고단7159

공문서위조등

Text

A defendant shall be punished by imprisonment for not more than ten 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 sojourn status and sojourn period, the Defendant entered the Republic of Korea as a Korean language training (D-4) around January 11, 2017 and stayed in the Republic of Korea by October 14, 2019 without obtaining permission for extension, despite the expiration of his/her sojourn period on May 17, 2018.

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

2. On July 2019, the Defendant: (a) indicated the name-free foreigner registration certificate that he/she became aware of through B in the middle of the month 2019 on the name-free foreigner registration certificate (B.C. hereinafter referred to as “C”) in the name-free foreigner registration certificate; (b) requested the Defendant to create a foreigner registration certificate while transmitting the Defendant’s photograph; (c) the name-free business operator, entered the name-free foreigner registration number on the plastic card in the form of alien registration certificate, stating that “D, name,” “A,” the status of stay, and date of issuance,” and then sent the Defendant a foreigner registration certificate through international mail by printing the photograph transmitted by the Defendant.

Accordingly, the defendant, in collusion with the above person who forged the above name false foreigner registration certificate, forged one copy of the foreigner registration certificate under the name of the head of the Suwon Immigration Office.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes on accusation of immigration offenders;

1. Article applicable to the facts constituting an offense, Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act (illegal stay and Selection of Imprisonment) and Articles 225 and 30 of the Criminal Act;

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 on the stay of execution (Consideration of the fact that the defendant reflects on the stay of execution);

1. Article 48 (1) 2 of the Criminal Act to be confiscated;