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(영문) 수원지방법원 2016.06.16 2016고단2393

여권불실기재등

Text

A defendant shall be punished by imprisonment for one year.

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.

Reasons

Punishment of the crime

The defendant is a person of the nationality of the People's Republic of China (hereinafter referred to as "China"), a person who is a person who is married in the name of the East People's Republic of China under the name of the East People's Republic of China (hereinafter referred to as "China"), a person who has acquired the nationality of the Republic of Korea in the name of the Republic of Korea

1. On June 5, 2014, the Defendant, who violated the Passport Act, prepared an application for issuance of a passport under the name of B without permission at the Gyeonggi-do Office’s passport civil petition office located in Suwon-si, Suwon-si, and submitted it to the public official in charge of issuance of a passport who knows the fact, and on June 9, 2014, the public official in charge issued the passport under the name of B without permission to the Defendant and issued the passport to the Defendant.

On June 19, 2014, the Defendant presented the Republic of Korea passport issued as above to the public official in charge of immigration review at the departure review site of Incheon International Airport on June 2014 and the Incheon International Airport Entry review site on June 20, 2014.

Accordingly, the defendant filed a false report to a public official, entered false facts in a passport, and at the same time obtained a passport by unlawful means, and used a passport stating false facts.

2. Although a foreigner violating the Immigration Control Act departs from the Republic of Korea with a valid passport, he/she was subject to departure inspections by immigration officials at the port of entry or departure with a valid passport, he/she used a false Korean passport as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written petition of D;

1. Each investigation report and the application of Acts and subordinate statutes governing individual immigration status;

1. Relevant Article of the Criminal Act, Article 228 (2) of the Criminal Act (a point of false entry in the passport), Articles 229 and 228 (2) of the Criminal Act (a point of uttering of a passport entered falsely), Articles 24 and 16 (1) of the Passport Act (a point of unlawful issuance of a passport), Articles 94 subparagraph 2, 7 (1), 94 (1), 94 subparagraph 18, and 28 (1) of the Immigration Control Act (a point of entry and departure by an invalid passport), and choice of imprisonment, respectively;

1. Aggravation concurrent crimes;