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(영문) 서울중앙지방법원 2015.06.12 2015고단2511
출입국관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 to 5 shall be confiscated.

Reasons

Punishment of the crime

The defendant is a Chinese citizen from Korea who is illegally staying in Korea.

1. Where an alien violating the Immigration Control Act intends to enter the Republic of Korea, he/she shall undergo an entry inspection at the entry and departure port of entry;

Although the Defendant attempted to enter the Republic of Korea around 2007, but the issuance of visa was difficult in the name of the Defendant, the Defendant purchased the forged personal identification card and the personal identification card in the name of “C” through Broker from the influencies of China to Broker, and attempted to enter the Republic of Korea with a Chinese passport issued in the name of “C” by using it, but failed to obtain a visa under the name of “C”.

Since then, the Defendant had a mind to enter the Republic of Korea to pay 650,000 bills (an amount equivalent to KRW 10,000,000) in contact with the Chinese smuggling's organization. On September 2008, the Defendant boarded a Chinese fishing vessel at the port of short port of short port of China, and entered the same coast of the Republic of Korea via the high seas.

Accordingly, the Defendant did not undergo an entry inspection at the entry entry port.

2. Forging a private document and uttering of a private document;

A. On December 7, 2012, at the E Licensed Real Estate Agent Office in Gyeyang-gu, Incheon, without authority, the Defendant concluded a lease agreement with the Defendant’s residence without authority for the purpose of exercising, and forged one copy of the real estate lease agreement in the name of “C”, which is a private document on the right and duty of the Defendant’s unmanned seal affixed to the Defendant’s personal seal, on the location column of the “real estate lease agreement” in the name-based brokerage office’s space, “F first floor No. 102” in the deposit column, “three million won” in the remainder column, “three million won” in the lessee’s address column, “H” in the passport number column, and “C” in the name column, respectively.

B. The Defendant is in the name of “C” forged on the same day and at the same place as above.

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