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(영문) 서울남부지방법원 2013.09.04 2012고단4131 (2)
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall invite a foreigner to enter the Republic of Korea by fraudulent means, such as a false statement of fact or a false fidelity guarantee, or arrange such invitation, or make a false application for a visa or a visa issuance certificate, or arrange such application.

The defendant, who was aware of the fact, listened to the expression that the purpose of entry is false for the commercial purpose of Chinese workers who are employed, and accepted the expression that he would pay for the face of the week.

Despite the fact that the purpose of entry into the Republic of Korea is "employment", the defendant affixed a false entry seal to the invitation letter stating "market investigation and trade consultation" with the purpose of entry into the Republic of Korea, attached to the certificate of tax payment, the certificate of corporate register, and attached to the copy of the register of the register of the company, and accepted it to C, and C had it denoted to D, attached with D's business house preparation, identification card, etc., which was forged in the above invitation document, and D, around January 18, 2008, submitted an entry application (C2), which entered the purpose of entry into the Republic of Korea as "for commercial use" with the above documents, from January 3, 2008 to January 12, 2009, by inviting 15 persons including D's actual purpose of entry as stated in the list of crimes, for the purpose of disguised consultation, including trade consultation, for the purpose of false use.

Accordingly, the defendant invited foreigners to enter the Republic of Korea in collusion with C by unlawful means such as false statement of facts.

Summary of Evidence

1. Statement by the defendant in court;

1. The first protocol of trial against C;

1. Statement of the police officer in F, D, and G;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the Entry and Departure Records of the Second China by primary company);

1. Relevant Article 94 subparagraph 3 of the Immigration Control Act, subparagraph 1 of Article 7-2 of the Immigration Control Act, and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Article 37 of the Criminal Code among concurrent crimes.

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