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(영문) 창원지방법원 2018.05.04 2018고단577
출입국관리법위반
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 May 3, 2016, the Defendant was willing to enter the Republic of Korea by obtaining a visa by pretending that he/she entered the Republic of Korea to be a foreigner of Vietnam who entered the Republic of Korea with the status of general training (including training of fishing schools, D-4-1 attached to a university) sojourn, and that he/she entered the Republic of Korea with the intent of punishing money for studying abroad.

On February 2, 2016, the Defendant: (a) requested 15,100 dollars to make a visa available for the Republic of Korea to the names of the needy person, broconsing a false visa issuance broker; (b) forged the Defendant’s parent income certificate, bank balance certificate, and a letter of undertaking to pay financial burden; and (c) submitted it to the employee in charge of the International Education Center of the C University and delivered it to the Defendant upon receipt of the standard admission permit certificate.

After that, on March 11, 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 received a visa from the Republic of Korea in collusion with the above person in a false name.

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

Nevertheless, the Defendant entered the general training visa (D-4-1) around May 3, 2016 and stayed illegally in the Republic of Korea, including Sejong City and Changwon City, until March 12, 2018, despite the expiration of the period of stay as of November 3, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (verification as to whether a person is enrolled in the internal investigation) and each investigation report (the attachment of an accusation and the confirmation date of an application for visa);

1. Status of individual entry or departure;

1. Standard admission permits, graduation certification, academic certification, etc. (Evidence No. 33~50 pages of evidence).

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