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(영문) 창원지방법원 2019.05.29 2019고단1169
출입국관리법위반등
Text

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

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

The Defendant is a foreigner of Pakistan nationality, who entered the Republic of Korea on May 10, 2017 with a short-term visit to stay status (C-3-4) and changed the status of stay to other (G-1-5) on June 13, 2017, and has a valid status of stay until June 12, 2019, after entering the Republic of Korea on a short-term visit to stay status (C-3-4).

On April 2017, the Defendant, while knowing that he is unable to obtain employment by entering the Republic of Korea in a normal way, conspired with the Bracker to apply for visa with false documents, such as the invitation letter and the certificate of fidelity guarantee, through the Bracker “B” (hereinafter “Brer”), and accordingly, Bracked the Defendant with the invitation letter and the certificate of fidelity guarantee, etc. under the name of the Defendant, as if the Defendant would enter the C Representative D for business purposes related to C, as if he were to enter the Republic of Korea.

On April 24, 2017, the Defendant applied for a visa to enter the Republic of Korea in the U.S. consular missions of the Republic of Korea, and submitted an application for visa issuance to the public official in charge of obtaining the invitation letter of C representative D and a letter of fidelity guarantee, etc., as above, from Brazil.

As a result, the defendant conspired with Brazil, thereby obstructing the legitimate performance of duties by the official in charge of visa issuance belonging to the Korean consular official, and filing a false application for visa in collusion with Brazil.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (to attach personal information data in Brazil);

1. Application of the Acts and subordinate statutes to the charge office of Changwon, Entry and Departure;

1. Relevant Articles 137 and 30 of the Criminal Act concerning criminal facts (the point of obstruction of performance of official duties by fraudulent means), Article 94 subparagraph 3 of the Immigration Control Act, Article 7-2 subparagraph 2 of the Immigration Control Act, Article 30 of the Criminal Act;

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 recognizes all of the crimes of this case as suspended execution.

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