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(영문) 창원지방법원 2017.06.08 2017고단1138
위조사문서행사등
Text

A defendant shall be punished by imprisonment for not more than ten 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

Punishment of the crime

The defendant is a person who has been granted permission to stay until May 24, 2017, with the application for other status of stay (G-1-5) on March 25, 2016, after entering the Republic of Pakistan nationality foreigner and the short-term general status of stay (C-3-1) on March 7, 2016.

The Defendant, using the invitation letter of a company of the Republic of Korea, which was forged through a well-known domestic immigration hub, issued a visa pretended as if the company was invited in Korea for business purposes, and had the Defendant enter the Republic of Korea to engage in job-seeking activities.

On February 21, 2016, the Defendant filed an application for visa to enter the Republic of Korea consular officials located in the Republic of Korea located in the U.S., and submitted an application for visa issuance to a public official in charge of name unknown of the forgery, attaching a letter of invitation under the name of D Representative E, to the public official in charge of name unknown of the forgery.

Accordingly, the defendant, in collusion with the name-free entry or departure hub in Korea, exercised the invitation letter of a forged DNA E, applied for a false visa to enter Korea, and obstructed legitimate execution of duties related to the visa issuance of a public official in charge of visa issuance by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Documents for application for refugee status, applications for visa issuance, invitation letter, business registration certificate, and written accusation;

1. Application of Acts and subordinate statutes to report internal investigation and telephone communications;

1. Article 94 subparagraph 3 of the relevant Article of the Immigration Control Act and Article 7-2 subparagraph 2 of the same Act, Article 30 of the Criminal Act, Articles 137, 30 (Interference with the performance of public duties by fraudulent means), Articles 234, 231, and 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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Sentencing is a commercial concurrent crime, and the sentencing criteria do not apply.

2. The defendant who was sentenced to sentence has committed the instant crime.

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