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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
1. On September 10, 2015, the Defendant committed a crime against the Victim C, in the Defendant’s residence located in Daejeon Daejeon-gu D and 302 around September 10, 2015, phone calls to the Victim C who illegally stays in the country upon expiration of the domestic period of stay, and “The husband of the child works in the immigration control office,” and takes 2.6 million won for creating the visa through the person.
Before the end, 1.7 million won was borrowed, which means that if it is more than one million won, it would create a legitimate visa.
However, even if the defendant received money from the injured party due to the absence of the person in the immigration control office, the defendant did not have the intent or ability to create a legitimate visa for the victim, and was merely intended to use it for personal purposes such as living expenses.
Nevertheless, the Defendant, as seen above, received KRW 500,000 from the victim of the false statement and received KRW 500,000 from the E bank account used by the Defendant on September 11, 2015 to the E bank account in the name of the Defendant. On September 11, 2015, the Defendant acquired 50,000 won through the same account on September 11, 2015.
2. On September 11, 2015, the Defendant committed the crime against the Victim F, at the Defendant’s residence located in Daejeon-gu D and 302, Daejeon-gu, Daejeon-gu, Daejeon-gu, and the victim F introduced through C through C, saying, “At the request of the Victim F to create a visa for the illegal stay E-9 (Non-professional Employment) due to the expiration of the period of stay,” and “in the event of creating a visa, 2.7 million won is required, 2.65 million won is remitted directly to the head of the immigration control office, and 50 thousand won is remitted to the head of the Si/Gun/Gu, and if the visa is issued, 50 thousand won is changed to the head of the Si/Gun/Gu, and thus, an application should be made as soon as possible.”
However, even if the defendant received money from the injured party due to the absence of the person in the immigration control office, he did not have the intent or ability to create a legitimate visa for the victim, and was intended to use it for personal purposes such as living expenses.