beta
(영문) 인천지방법원 2019.09.26 2019고단5359

공문서위조등

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. On July 2019, the Defendant: (a) indicated that “a counterfeited foreigner registration certificate” in B in the early police officer B on the advertisement; (b) stated that “A”, “A”, and “the head of the Incheon Immigration Office, the issuer,” and “the head of the foreigner registration office,” each of the following in the plastic card in the form of a foreigner registration certificate, sent the Defendant’s photograph to C (C, South and D) with approximately KRW 300,000; and (c) requested C to create a foreigner registration certificate by transmitting the Defendant’s photograph; and (d) stated “E”, “A”, “A”, and “the head of the foreign registration office, the issuer,” respectively, in the form of a plastic card in which the Defendant’s photograph was sent by international mail, and then forged one foreign registration certificate and sent it to the Defendant via international mail.

Accordingly, the defendant, in collusion with C, forged a foreign registration certificate under the name of the head of Incheon Immigration Office, an official document.

2. Notwithstanding the fact that a foreigner violating the Immigration Control Act is able to stay in Korea within the scope of his/her sojourn status and sojourn period, the Defendant entered the Republic of Korea as a non-professional employment (E-9-2) around November 2, 2010 and stayed in Korea by no later than August 13, 2019 without obtaining permission for extension, despite the expiration of his/her sojourn period on September 1, 2015.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and the list of seizure;

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

1. Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act (the point of illegal stay and the choice of imprisonment), Articles 225 and 30 of the Criminal Act (the point of Article 94 of the Immigration Control Act) concerning the relevant criminal facts and the choice of punishment;

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;