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(영문) 의정부지방법원 2015.11.20 2014고단1691
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 15, 2013, the Defendant entered the Republic of Korea on July 15, 2013, and was extended the period of stay through a refugee application, and is working as a park at a factory located in B in both States.

On July 2013, the Defendant received a visa application document, such as a letter of invitation, a certificate of fidelity guarantee, a certificate of application for the issuance of a project cost, and a bill of lading, written by the Defendant, from the business owner H of “G” located in F in both weeks, through a false invitation hub (E), a false invitation hub (E) via a false invitation box (hereinafter “C”).

In fact, the Defendant did not know at all that he traded goods with the Company I, and did not know of G or H, and did not have any plan to trade goods with the said Company. However, even though there was a large number of transactions with Korean companies, the said invitation letter, etc., the Defendant entered false information as if the Defendant would have been in the capacity to stay in G upon receiving the guarantee from the said company.

On July 8, 2013, the Defendant drafted an application for visa issuance stating “business” for the purpose of visa issuance at the Korean consul General, and applied for a false visa by submitting it to a public official of the Republic of Korea with a false invitation letter, certificate of fidelity guarantee, goods principal document, bill of lading, etc., and at the same time, applied for a false visa by submitting it to the public official of the Republic of Korea in charge of personal unsound visa with a short-term general visa (C31) allowing the Defendant to stay in the Republic of Korea from a public official who may know of the circumstance at that time.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding E;

1. The police statement of H;

1. Each police investigation report;

1. A written accusation;

1. The co-operation of the Korean co-nsular data and visa application documents, all foreign registration certificates, passport copies, referral notes E separately from each other, as well as the forwarding of each case.

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