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

except that 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

The Defendant is a foreigner of the Republic of Korea who entered the Republic of Korea under the visa for visiting employment (H-2) on June 27, 2017.

On May 16, 2017, the Defendant: (a) granted USD 6,000 to the Republic of Korea Embassy, one of the Republic of Uzbekistan, “B”; and (b) issued a false birth certificate as if the Defendant’s mother was “B” even though the Defendant’s mother was not a descendants of the so-called “comman”; (c) submitted an application for visa issuance and submitted a false birth certificate as a document attached thereto, and obtained a visa for visiting employment (H-2) issued in cases where either of the parents or his grandparents owned the nationality of the Republic of Korea.

Accordingly, in collusion with the above “B,” the Defendant applied for a visa in collusion with the above “B,” thereby obstructing the legitimate performance of duties by public officials in charge of visa issuance who belong to the Embassy of the Republic of Korea.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Registered foreigners card and personal entry or departure status;

1. An application for each visa, etc.;

1. Application of Acts and subordinate statutes on accusation at a request of an investigative agency;

1. Relevant Articles 137 and 30 of the Criminal Act for the crime, Article 94 subparagraph 3 of the Immigration Control Act, Article 7-2 subparagraph 2 of the same Act, Article 30 of the Criminal Act for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., that no crime has been committed after the defendant entered Korea);