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(영문) 인천지방법원 2019.05.09 2019고단1351
공문서위조등
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. Although a foreigner violating the Immigration Control Act is able to stay in the Republic of Korea within the scope of his/her sojourn status and sojourn period, the Defendant entered the Republic of Korea as a Korean language training (D-4-1) around July 18, 2016 and stayed in the Republic of Korea by March 3, 2019 without obtaining permission for extension, despite the expiration of his/her sojourn period on July 18, 2018.

Accordingly, the defendant stayed in Korea without status of stay.

B. The Defendant forged an official document with an intention to forge a foreigner registration certificate as if he had the status of stay for the purpose of exercising his status of stay at the time of employment.

On February 2, 2019, the Defendant: (a) stated each of the following as “D”, “A”, “Status of Sojourn”, and “F-6” on the plastic card in the form of foreign registration; (b) stated each of the following as “the head of Daegu Immigration Office” and “the head of Daegu Immigration Office”, and sent one copy of a foreigner registration certificate to the Defendant by means of printing the photograph transmitted by the Defendant, and then forged one copy of the certificate by international mail.

Accordingly, the defendant, in collusion with the above-mentioned foreigner registration certificate forgery business operator, forged one certificate under the name of the head of Daegu Immigration Office, which is an official document, for the purpose of exercising.

2. Defendant B

A. 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 Korean language training (D-4-1) around December 4, 2017 and without obtaining permission for extension, despite the expiration of the period of sojourn on December 1, 2018.

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