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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

around August 23, 2015, the Defendant is a foreigner of the Republic of Korea’s nationality of KIKOStan who entered the Republic of Korea.

1. On August 2015, the Defendant violated the Immigration Control Act following the application for a false visa, and the obstruction of performance of official duties by fraudulent means knew that it is difficult to obtain a visa that allows the Republic of Korea to be employed in a normal manner, and issued a false visit employment (H-2-5) visa through the name “B”, “C”, etc., and issued a false visa to “B”, including USD 6,000 of the fee, passport, criminal record certificate, and medical certificate.

피고인은 2015. 8. 10.경 사실은 피고인의 어머니가 ‘고려인’이 아님에도 어머니를 고려인인 것처럼 위조한 피고인 명의의 출생증명서, 피고인 어머니의 출생증명서 등을 위 ‘C’로부터 전달받은 다음, 키르기스스탄 비쉬켁 아크훈바예브가 35에 있는 키르기스스탄 대한민국 대사관에서 성명불상의 담당 공무원에게 사증 발급을 신청하면서 위와 같이 위조된 허위 출생증명서 등을 첨부하여 부모의 일방 또는 조부모의 일방이 대한민국 국적을 보유하였던 경우에 발급되는 방문취업(H-2-5) 사증을 발급받았다.

Accordingly, the Defendant, in collusion with the above “B” and “C”, filed an application for visa issuance by a public official in charge of visa issuance, who belongs to the Embassy of the Republic of Korea, by fraudulent means, concurrently interfered with the legitimate performance of duties by a public official

2. On August 23, 2015, the Defendant violated the Immigration Control Act following his/her stay in excess of the period of sojourn entered the Republic of Korea with a visa for visiting employment (H-2-5) in the said manner, and thereafter staying in the Republic of Korea until March 19, 2019, despite the expiration of the period of stay on August 23, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The current status of individual entry and departure, application documents for visa issuance, report on internal investigation (organization of household units on the document of the suspect), birth certificate, written accusation, and written accusation; and