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A defendant shall be punished by imprisonment for six months.
However, 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
1. Notwithstanding the fact that a foreigner violating the Immigration Control Act is able to stay in the Republic of Korea within the scope of his/her status of sojourn and the period of sojourn, the Defendant entered the Republic of Korea as a fish class training (D-4) around December 5, 2016 and stayed in the Republic of Korea by July 13, 2019 without obtaining permission for extension, despite the expiration of the period of sojourn on September 1, 2018.
Accordingly, the defendant stayed in Korea without status of stay.
2. On July 9, 2019, the Defendant: (a) reported an advertisement that “a counterfeited foreigner registration certificate is created” in B around July 9, 2019; and (b) requested a forgery business operator of a foreigner registration certificate on his/her name (hereinafter “C”) to create a foreigner registration certificate while transmitting the Defendant’s photograph, using B Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’
Accordingly, the defendant, in collusion with the above person who forged the above name omitted foreigner registration certificate, forged the certificate of foreigner registration in the name of the head of the Daejeon Immigration Office.
Summary of Evidence
1. Statement by the defendant in court;
1. Seizure records;
1. Application of Acts and subordinate statutes on accusation of immigration offenders;
1. Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act (the point of illegal stay and the choice of imprisonment), Articles 225 and 30 of the Criminal Act (the point of Article 94 of the Immigration Control Act) concerning the relevant criminal facts and the choice of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act;
1. It is so decided as per Disposition for the reasons under Article 48(1)2 of the Criminal Act of confiscation;