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(영문) 창원지방법원 2016.09.07 2016고단2226
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant of the obstruction of performance of official duties by fraudulent means is a foreigner of the KIKO Republic who entered the visa with employment (H-2) visited on January 20, 2016.

On December 16, 2015, at the Embassy of the Republic of Korea where No. 35 of the Daz Republic of Daz is located in the Republic of Daz, the Defendant was issued a forged mother’s name birth certificate and an outer mother’s birth certificate, which was issued by the Defendant, with the content of USD 3,000 and taking account of Domen, etc.

The Defendant submitted an application for visa issuance to the Embassy staff, and submitted a false birth certificate as above, and received a visa for visiting employment (H-2) issued only to the Koreans in the Chinese and Gu Soviet District in order to obtain a visa.

Accordingly, the defendant, in collusion with his name-in-facts, interfered with legitimate performance of duties relating to the issuance of visas to public officials in charge of visa issuance by the Embassy of the Republic of Korea.

2. No person who violates the Immigration Control Act shall file a false application for a visa or a visa issuance certificate, or mediate such application;

Nevertheless, at the same time and place as referred to in paragraph (1), the Defendant conspiredd with the person with poor name and applied for a false visa issuance certificate using a forged birth certificate, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on internal investigation reports, registered foreigners card and individual immigration status, applications for alien registration and copies of immigration card, application documents for visa issuance, copies of visa issuance, and copies of A birth certificate, respectively;

1. Relevant provisions of the Criminal Act and Articles 137 and 30 of the Criminal Act concerning criminal facts, the choice of punishment, and Articles 94 subparagraph 3 and 7-2 subparagraph 2 of the Immigration Control Act, and Article 30 of the Criminal Act (any false application for a visa issuance certificate, any false application for a visa issuance certificate, and any selection of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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