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(영문) 인천지방법원 2017.08.31 2017고단5065

출입국관리법위반

Text

【Defendant A’s imprisonment with prison labor for six months】

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. No one shall apply a false visa to allow the entry of a foreigner, or arrange such application.

However, around February 2015, Defendant A received a proposal from the Joseon Co., Ltd. (hereinafter referred to as “personal information”), which came to know while running a business in China, to allow Chineses to obtain a visa from the Republic of Korea so that they want to receive money in Korea.

After that time, Defendant A asked Defendant B to obtain a visa from China who wants money in Korea, and asked Defendant B, who was aware of it, to make a false invitation to Defendant B.

Defendant

B intended to commit a crime by accepting Defendant A’s proposal in order to illegally employ the above D’s E farm.

On February 11, 2015, Defendant A issued a certificate of business registration and tax payment necessary for the invitation of Defendant B on behalf of Defendant B at the Incheon Southern-gu Incheon Incheon District Tax Office. On March 18, 2015, Defendant A drafted a false letter of invitation and a false certificate of return guarantee as if Defendant B entered Korea for the purpose of trade with E, even though the said D actually entered Korea with Defendant B at a place of business located in Incheon Nam-gu, Incheon, Incheon, for the purpose of illegal employment.

On March 29, 2015, Defendant A, with the invitation documents of the above D, left China and requested the above D to apply for the visa to the non-explosive travel agent located in the border of North Korea, and caused the said travel agent to file a false application for a short-term commercial visa as the said D entered Korea for business purposes.

As a result, the Defendants conspired with C to arrange for a false visa application.