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(영문) 인천지방법원 2019.06.20 2019고단2276
출입국관리법위반
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[Criminal Power] On September 3, 2010, the Defendant was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Western District Court on September 3, 201, and was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, etc. at the same court on September 1, 201, and completed the execution of each of the above punishment at the Ansan Prison on June 25, 2015.

【Criminal Facts】

No one shall invite an alien to enter the Republic of Korea by fraudulent means, such as a false statement of fact or a false fidelity guarantee, or arrange such invitation, or apply for a visa or a visa issuance certificate, or arrange such application by fraudulent means.

Nevertheless, the Defendant: (a) asked M to the effect that “Iskystans wishing to work as female visitors,” and asked M to the effect that “Iskystans, each of whom will be able to enter the Republic of Korea; and (b) upon accepting the proposal, M sent to the FJ (hereinafter “FJ”), on April 29, 2017 of Q’s nationality, requested the FJ (hereinafter “FJ”), “FJ, FJ, FK, and FK” to issue a false model agreement, etc. in Q’s name; and (c) sent the FJ to the said FJ to request the issuance of the said documents to the Kakystan Korean consular official around the 28th of the same month; and (d) also invited M to submit a false model agreement with the said FJ as indicated in the attached list of crimes from the date and time to September 29, 2017.

Accordingly, in collusion with M, the defendant invited a foreigner to enter the Republic of Korea by unlawful means such as false statement or false fidelity guarantee.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of M;

1. A copy of each application for visa issuance and model contract;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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