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(영문) 창원지방법원 2018.05.25 2018고단938
출입국관리법위반등
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Defendant A

A. When the Defendant, in violation of Article 7-2 subparag. 2 of the Immigration Control Act, intended to enter the Republic of Korea to engage in job-seeking activities, but could not obtain a non-professional employment visa (E-9) because he could not pass the Korean language test, he heard from his parents that he could not obtain a visa for the purpose of the study training, and seeing that the Defendant could enter the Republic of Korea by obtaining a visa for the purpose of the study training, while entering the Republic of Korea for job-seeking activities, he saw that the Defendant would enter the Republic of Korea for the purpose of the study training and received a visa.

Around June 2016, the Defendant: (a) promised to pay USD 12,000 to a female employee in the name of the Republic of Korea at a “D” language institute located in Vietnam, requesting the Defendant to obtain a visa available for entry to the Republic of Korea; and (b) submitted the certificate of income of the parent of the Defendant to the National University; and (c) submitted the certificate of income of the parent of the Defendant to the National University, and delivered it to the Defendant upon receipt of the relevant documents, such as a standard admission permit.

On June 22, 2016, the Defendant submitted relevant documents, such as standard admission permits, issued by the Embassy of the Republic of Korea in Vietnam, as above, and received a general training visa (D-4) around July 21, 2016.

Accordingly, the defendant, in collusion with the above name-based female employees, applied for a visa in collusion with a public official in charge of issuing visas belonging to the Embassy of the Republic of Korea by deceptive means at the same time as he interferes with the legitimate performance of duties of the public official.

(b) Any foreigner who violates Article 17(1) of the Immigration Control Act may stay in the Republic of Korea within the scope of his/her sojourn status and the period of sojourn.

Nevertheless, on July 29, 2016, the Defendant entered the Republic of Korea with a general training visa (D-4) issued as above and stayed in Busan City from January 29, 2017 until April 16, 2018, despite the expiration of the period of stay.

2. Defendant B A.

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