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(영문) 창원지방법원 2019.03.27 2019고단267
위조사문서행사등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

The Defendant is a foreigner of Pakistan nationality, who entered the Republic of Korea on March 7, 2016 with a short-term visit of stay status (C-3-1) and changed his/her status of stay to other (G-1-5) on April 19, 2016 after entering the Republic of Korea on a short-term visit of stay status (C-3-1) and the period of stay expires on July 6, 2017.

On December 2, 2015, the Defendant knew that he is unable to enter the Republic of Korea and be employed in a normal way, and asked “B” to forge relevant documents, such as a false letter of fidelity guarantee, in return for USD 10,000. Accordingly, “B” was forged on December 21, 2015, and thus, the Defendant cited a letter of fidelity guarantee in the name of “C” to the Defendant.

1. On December 21, 2015, the Defendant filed an application for visa issuance with the Korean consular official located in the U.S. Emirates located in the U.S. Emirates, while filing an application for visa to enter the Republic of Korea, and submitted an application for visa issuance to the public official in charge of obtaining forged C’s fidelity Guarantee, etc. from “B” and attaching it.

Accordingly, the Defendant, in collusion with “B”, exercised a forged C’s fidelity Guarantee and applied for a visa in collusion with “B”, thereby hindering the legitimate performance of duties by a public official in charge of visa issuance belonging to a Korean consular official.

2. Violation of the Immigration Control Act (illegal stay) entered the Republic of Korea on March 7, 2016 with a short-term visit of sojourn status (C-3-1) and changed the status of stay to other (G-1-5) upon an application for refugee status on April 19, 2016, and entered the Republic of Korea on July 6, 2017, without obtaining permission for extension of sojourn period, until January 31, 2019 without obtaining permission for extension of sojourn period even after the expiration of the period of stay on July 6, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation of an immigration offender at the request of an investigative agency;

1. The current status of entry and departure of each individual;

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