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(영문) 수원지방법원 2014.11.26 2012고단5579 (2)
사문서위조등
Text

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

On July 2010, the Defendant conspiredd to enter the Republic of Korea with a certificate of graduation, etc. between B and those who had no name, such as C, at an unsound place, and obtained a visa from the Republic of Korea.

Accordingly, the defendant issued his identification card, family name card, photograph, etc. to C through his nameless winners, and C forged a certificate of graduation under the name of D Driving Schools, a certificate of graduation under the name of D Driving Schools, and a certificate of graduation under the name of D Driving Schools by using it, respectively.

After that, C, through E, had an employee of F University who is aware of such circumstances, sent each of the above documents, and the said employee submitted an application for visa issuance to the Defendant at the Daejeon Immigration Office around September 8, 2010 and obtained the visa issuance. After that, the Defendant was issued D-4 visa at the Jeju Immigration Office around October 15, 2010.

In this way, the Defendant, in collusion with C, etc., committed the act of forging and exercising private documents on rights and duties without authority, and applied for a visa or a visa issuance certificate falsely.

Summary of Evidence

1. Police suspect interrogation protocol and statement of the accused;

1. A copy of the certificate of graduation, application for recognition of the issuance of visa, and the register of graduates;

1. Copy of foreigner registration certificate;

1. A written accusation;

1. Application of Acts and subordinate statutes to prosecution investigation reports (verification of procedures for the issuance of visa);

1. The fact that Article 231 and Article 30 of the Act on the Aggravated Punishment, etc. of Specific Crimes is applicable: The fact that an application for a false visa, etc. is filed under Articles 234, 231, and 30 of the Criminal Act: Article 94 subparagraph 3 of the former Immigration Control Act (amended by Act No. 10282, May 14, 2010) stated the written indictment as "Article 94-2 subparagraph 3 of the Immigration Control Act" but it is determined that the written indictment is an obvious clerical error.

Article 7-2, Article 30 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Uttering of Documents for Investigation on the Market).

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