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(영문) 창원지방법원 2018.04.05 2018고단262
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

1. On August 12, 2016, the Defendant violated the Immigration Control Act, namely, a foreigner of Vietnam’s nationality who entered the Republic of Korea with a general training (education D-4-1) sojourn status attached to a university, and was willing to enter the Republic of Korea by obtaining a visa by pretending that he/she entered the Republic of Korea to be aimed at punishing money and having entered the Republic of Korea for studying abroad.

On May 2016, the Defendant: (a) requested “C” which is a hub for arranging false issuance of visas to obtain a visa from the Republic of Korea; (b) paid USD 10,000 to the Defendant’s parent revenue certificate; (c) forged the Defendant’s parent revenue certificate, statement of re-management by period, and statement of financial burden; and (d) submitted to the employee in charge of studying in the D University a standard admission certificate to the Defendant and delivered it to the Defendant.

After that, on June 27, 2016, the Defendant applied for a general training visa (D-4-1) at the Embassy of the Republic of Korea in Vietnam, and was issued a visa unlawfully by submitting the above standard admission permit, etc. to the public official in charge of issuing the visa.

Accordingly, the Defendant, in collusion with the above “C”, obstructed the legitimate performance of duties by the public official in charge of issuing visas belonging to the Embassy of the Republic of Korea by fraudulent means, and at the same time applied for a visa of the Republic of Korea in falsity

2. If a foreigner staying in the Republic of Korea violating the Immigration Control Act intends to sojourn in excess of the period of sojourn, he/she shall obtain prior permission from the

However, the Defendant entered the general training visa (D-4-1) around August 12, 2016, and stayed illegally from the Chungcheong City and Busan City Council members until January 31, 2018 despite the expiration of the period of stay as of February 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Pest photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 137 of the Criminal Act in relation to the crime.

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