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(영문) 창원지방법원 2017.02.15 2017고단87
공문서부정행사등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant is a Vietnamese foreigner who entered the Republic of Korea (E-9 February 7, 2013) on March 5, 2012 for an industrial trainee visa (E-9) (E-9).

1. On October 28, 2015, the Defendant was required to submit identification cards and related documents to find employment in the T management department office, 115 Co., Ltd., ELM around 240, Jin-gu, Jin-si, Jin-si, Jin-si, Jin-si around 10, 2015.

The defendant stated that the C's resident registration certificate issued in the name of the Republic of Korea, which is a public document held by the defendant, was presented for identification as if he was his resident registration certificate.

2. No foreigner violating the Immigration Control Act shall sojourn in excess of the scope of his/her sojourn status or period of sojourn;

Nevertheless, even though the period of stay expired on February 7, 2013, the Defendant, from February 8, 2013 to February 8, 2013, lived in the members of Kimhae-si without the status of stay and stayed illegally.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A written confirmation requested by a consular agency, a request for an accusation or accusation against violations of the Immigration Control Act, an accusation or complaint at a request of an occasional agency, a registered alien record card, and the application of statutes on the entry and departure

1. Relevant legal provisions of the Criminal Act, Article 230 of the Criminal Act that provides for the choice of punishment (the occupation of unlawful uttering of official documents), Article 94 subparagraph 7 of the Immigration Control Act, and Article 17 (1) (the occupation of unlawful stay) of the Immigration Control Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that there is no record of domestic crime, the fact that there is a reflector, the fact that there is a family member to support);

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