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(영문) 서울남부지방법원 2021.02.08 2020고단4696
여권법위반등
Text

A defendant shall be punished by imprisonment with prison labor 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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a Chinese national, and the defendant was willing to enter the Republic of Korea by making a disguised marriage with a male of the Republic of Korea for the purpose of punishing money in the Republic of Korea around 195.

However, the Defendant had already been married to B of Chinese nationality in around 1983, and thus, in China, the Defendant paid an amount of money to B of Chinese nationality in the name of “C” (C and D) and created a Chinese resident certificate in the name of “C (C and D”). The Defendant introduced the E (F) of Korean nationality from the said Brazil on July 22, 1995 and entered the Republic of Korea around August 31, 1995.

Since then, the Defendant acquired the nationality of the Republic of Korea in status of “C”, and obtained the resident registration certificate under the name of “C” around that time, and obtained a passport under the name of “C” around September 14, 2010 on or around June 28, 200, respectively, and entered and depart from Korea using a passport under the name of “C” issued unlawfully from July 30, 200 to around July 30, 200.

1. Around November 19, 2018, the Defendant violated the Passport Act and entered false statements in a passport in the old-ro, Guro-gu, Seoul Metropolitan Government, in preparing an application for the reissuance of a passport with respect to the Defendant, the Defendant entered “C” and “I” in the Korean language name column, attached the Defendant’s photograph in the photograph column, and submitted it to the public official in charge of issuing the passport who is unaware of the fact to the Defendant, and the public official in charge issued the above “C” passport in the name of the Republic of Korea (J number):

Accordingly, the defendant was issued a passport by entering false reports to public officials in the passport and entering false facts in the documents submitted for the issuance of a passport, etc. at the same time.

2. Violation of the Immigration Control Act and the use of a false passport;

(a) When a foreigner departs from the Republic of Korea, he shall undergo a departure inspection by immigration officials at the port of entry and departure with a valid passport.

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