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(영문) 창원지방법원 2017.01.11 2016고단4069

위계공무집행방해등

Text

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.

Reasons

Punishment of the crime

Although the fact that the defendant was a foreigner of Pakistanan nationality was a plan to enter the Republic of Korea to apply for refugee status, the defendant was willing to enter the Republic of Korea with a visa issued by pretending as if he was invited for business purposes.

On May 2015, the Defendant: (a) requested “E” to make a visa so that the Defendant may go to the Republic of Korea through the name “D” in the name of the Defendant’s pro-Japanese arrest; (b) the Defendant’s passport, certification photograph, etc.; and (c) the aforementioned “D” and “E” agreed to obtain a false invitation letter, etc. from the mobile phone wholesale company F to invite the Defendant to the Republic of Korea for business purposes; and (d) agreed to obtain a visa from the mobile phone wholesale company F to obtain a false invitation letter, etc. from the Defendant.

On June 17, 2015, when filing an application for a short-term permanent visa (C-3) with a Korean consul located in the U.S. in the U.S., the Defendant was issued a visa unlawfully by submitting documents for visa issuance, such as a letter of personal identification guarantee, invitation letter, etc., to the public official in charge of the issuance of the visa, which was falsely prepared to the effect that the Defendant is invited from F to conduct business purposes.

Accordingly, in collusion with the above D and E, the Defendant interfered with the legitimate execution of duties by public officials in charge of issuing visas belonging to the Korean consular official who is in charge of the Republic of Korea consular official who is stationed in the Republic of Korea as a deceptive scheme

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the statement made to G by the police;

1. Application of Acts and subordinate statutes on accusation against an immigration offender at the request of an investigative agency, such as a report on internal investigation (attached to an application for a visa issued by a suspected suspect), a list of registered foreigners' records (A), the current status of entry and departure of each individual, a report on internal investigation (Listening to F representative H telephone statement), and

1. The point of applying for a false visa for the relevant criminal facts: by fraudulent means under Article 94 subparag. 3 of the Immigration Control Act, Article 7-2 subparag. 2 of the Immigration Control Act, and Article 30 of the Criminal Act;

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