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(영문) 인천지방법원 2014.07.10 2014고단3969
위계공무집행방해등
Text

Defendants shall be punished by imprisonment for eight months.

except that the execution of each of the above penalties shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A and Defendant B

A. Defendants violating the Immigration Control Act entered the Republic of Korea on May 20, 201 as a citizen of the People’s Republic of China for a short-term comprehensive visa for short-term stay (hereinafter “C-3 visa”) and the period of stay 90 days.

After entering the Republic of Korea as “C-3 visa” on August 25, 201, the Defendants obtained permission to change the status of stay for the purpose of litigation and other qualifications (hereinafter “G-1 visa, and a visa granting foreigners the status of stay on the grounds of litigation relation or treatment, etc.”) on the grounds of civil litigation, and stayed illegally in the Republic of Korea for approximately two years and three months until June 12, 2014, while staying there was a expiration of the period of stay on February 25, 2012.

B. The Defendants of the obstruction of performance of official duties by fraudulent means, along with E, decided to submit false documents to the Immigration Office for the purpose of punishing money even after the period of stay expires, to change the status of stay. On August 201, 201, the Defendants requested to change the status of stay so that their names can be staying in the Republic of Korea to the visa issuance hub where their names are unknown, and the aforementioned Brazil consented to the request and submitted false data to the Immigration Office, thereby obtaining the status of stay for other visa holders (hereinafter “G-1 visa holders, and visa holders”) and receiving one million won for litigation relations or medical treatment, etc.

Accordingly, although the Defendants did not have concluded a goods transaction contract with E (designated Party) and the aforementioned Brazil, the Defendants and E, even though they did not have concluded a goods transaction contract with F and F, made the above F and female clothes supply contract, paid 65 million won for the subsequent goods, but did not receive the goods, made a false complaint, production supply contract, order sheet, transaction statement, etc. as if they were not supplied, and made the Defendants and E at the Seoul Southern District Court around August 16, 201.

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