(영문) 창원지방법원 2019.10.16 2019고단2650

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(영문) 창원지방법원 2019.10.16 2019고단2650

출입국관리법위반등

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A defendant shall be punished by imprisonment for one year.

except that 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

No one shall apply for a visa or a visa issuance certificate, or mediate such application, to allow an alien to enter the Republic of Korea.

On August 2, 2016, the Defendant sought a visa issued by the Republic of Korea from a person who was not entitled to enter the Republic of Korea with his/her name (hereinafter “B”), and requested that the Defendant issued a visa issued by the Republic of Korea to the person who was not entitled to enter the Republic of Korea with the intention to make an investment in the Republic of Korea, with a view to having his/her name enter the Republic of Korea without the intention to make an investment therein.

Accordingly, the person who has failed to obtain the name has sought necessary documents to apply for the visa of the defendant, such as the invitation letter to the defendant in the name of D operated by C by improper means.

In addition, around August 16, 2017, the Defendant signed an application for visa issuance stating the false statement that the Defendant visited for the purpose of “short-term use” at the Korean consular missions, and submitted these documents to the public official in charge of the visa in charge of the name omitted, along with the letter of invitation received from the person in charge of the name omitted.

Accordingly, the defendant filed a false visa to allow entry of a foreigner in collusion with a person who is not eligible for name, and at the same time interfered with legitimate execution of duties concerning visa issuance review by a public official in charge of visa issuance who works in the Korean consular post.

Summary of Evidence

1. Statement by the defendant in court;

1. Application for visa issuance, copy of passport, invitation letter, personal reference certificate, application of immigration-related Acts and subordinate statutes;

1. Relevant Articles 137(1) and 30 of the Criminal Act concerning the crime, Article 94 Subparag. 3 of the Immigration Control Act, Article 7-2 Subparag. 2 of the Immigration Control Act, Article 30 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act:

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