위계공무집행방해등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The Defendant violated the Immigration Control Act and interference with the performance of official duties by fraudulent means, even though he was an alien of Pakistan, who had a nationality to enter and work in the Republic of Korea, had the intention to enter the Republic of Korea with a visa pretended as if he was invited for business purposes.
On October 2014, the Defendant: (a) requested “C” to make a visa to arrange for a false entry into the Republic of Korea; (b) the Defendant’s passport, evidentiary photographs, etc.; and (c) conspired to apply for a visa to the Defendant by obtaining relevant documents, such as a false invitation letter in the name of E, with the purport that the representative E of “D”, who is a manufacturer of machine sales business related to crushing of stone, solicits the Defendant to the Republic of Korea for business purposes.
On October 29, 2015, the Defendant applied for a short-term permanent visa (C-3) in the Korean consul located in the U.S. in the U.S., and was issued a visa unlawfully by submitting documents for visa issuance, such as a false identification guarantee letter, invitation letter, etc., to the public official in charge of the issuance of the visa, to the effect that E representative director of D, who falsely prepared to the effect that the Defendant is invited for business purposes.
Accordingly, the Defendant, in collusion with the above “C”, obstructed the legitimate performance of duties by the public official in charge of issuing visas belonging to the Korean consular official, and filed a false application for a visa.
2. The Defendant violating the Immigration Control Act is a person whose period of stay is valid until October 22, 2016 after entering the Republic of Korea on a short-term permanent visa for sojourn status (C-3 and the period of sojourn November 29, 2015) on October 30, 2015, changing the period of stay to a sojourn status or any other (G-1) through an application for the re-issuance of the visa on March 2, 2016, following the extension of the period of stay on April 11, 2016 and July 7, 2016. < Amended by Presidential Decree No. 27420, Oct. 22, 2016>
A foreigner may sojourn in the Republic of Korea within the limits of the period of sojourn.