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(영문) 인천지방법원 2019.09.05 2019고단5223
공문서위조등
Text

A defendant shall be punished by imprisonment for six 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

1. Any foreigner who violates the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and period of sojourn;

Nevertheless, on January 12, 2016, the Defendant entered the Republic of Korea with Jeju visa (B-2-2) and continued to stay in the Republic of Korea without departure until August 6, 2019, despite the expiration of the period of stay as of February 11, 2016.

2. On May 2019, the Defendant forged an official document with intent to forge a foreigner registration certificate through a professional forged policy that does not facilitate domestic employment of illegal aliens, and requested the forgery of a foreigner registration certificate to a specialized forgery book on the name omitted, which was known through B, and sent the Defendant’s photograph, etc. to the Defendant’s photograph, etc., and inserted a pattern similar to a foreigner registration certificate in the plastic of the real size of the foreigner registration certificate into the plastic of the real size of the foreigner registration certificate, and entered the photograph of the Defendant in the photograph column as “A” in the name column, “A” in the name column, “VIENM” in the national region, “VIENM” in the national region, “non-professional employment (E-9) in the visa column,” and “the head of the Jeju Immigration Office in the column of issuance” respectively.

Accordingly, the defendant, in collusion with the above-mentioned professional forgery liability, forged a foreign registration certificate for the defendant who was under the name of the head of the Jeju Immigration Office for the purpose of exercising it.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act (the point of illegal stay and the choice of imprisonment), Articles 225 and 30 of the Criminal Act (the point of Article 94 of the Immigration Control Act) concerning the relevant criminal facts and the choice of punishment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 48(1)2 of the Criminal Act of confiscation;

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