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(영문) 창원지방법원 2018.10.24 2018고단2392
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On December 2, 2017, the Defendant: (a) requested the Defendant’s father to issue a visa to obtain KRW 800,000 ($8,000,000) to C, a hub for arranging entry into and departure from the Republic of Korea through his father; and (b) requested the Defendant to obtain a visa to enter the Republic of Korea; and (c) covered the Defendant’s passport and a photograph verifying the Defendant’s photograph.

C through a textile company called "D" of Pakistan on December 2017, 2017, even though there is no plan to receive technology transfer from "E" as a sales company of textile machinery, it send a visa as if it would receive technology transfer, and send the necessary invitation letter, etc.

In other words, the F, which operates E, was sent a invitation letter, etc.

After that, C filed an application for a short-term visit visa with the Defendant at the Embassy of Pakistan on January 5, 2018 at the Embassy of the Republic of Pakistan, which is located in Pakistan, for the purpose of technical transfer, and submitted a false visa issuance document, including a false invitation letter, to the effect that the public official in charge of the issuance of the visa is inviting the Defendant to transfer his/her technology, and obtained a false visa from the said Embassy on January 8, 2018.

Accordingly, in collusion with C, the Defendant applied for a visa in collusion with C to interfere with the legitimate performance of duties by a public official in charge of issuing visas belonging to the Embassy of the Republic of Pakistan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application for visa issuance, etc.;

1. Application of Acts and subordinate statutes on accusation at a request of an investigative agency;

1. Articles 137 and 30 (Interference with the performance of official duties by fraudulent means) of the Criminal Act relevant to the crime, Article 94 subparagraph 3 of the Immigration Control Act, and Article 7-2 subparagraph 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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., reflectiveness, motive of crimes, and points without domestic criminal records);

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