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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[Fact-finding] The Defendant is a foreigner of the Republic of Korea of the Republic of Korea, who entered the Republic of Korea with a visa (H-2-5) that is issued only to Korean nationals in the Republic of Korea in the Republic of Korea, despite that he/she is not a descendants of Korea around October 24, 2015.
With the knowledge that it is difficult to enter the Republic of Korea for the purpose of job-seeking activities, the Defendant, while having known the fact that it is difficult to enter the Republic of Korea by normal means, had the Defendant’s friendship with the Defendant enter the Republic of Korea by obtaining a visa for employment (H-2-5), having the Defendant’s friendship, seeking a specific explanation on the method, plan, etc. of obtaining a false visa, etc., to pay USD 8,000 to “C”, and having the Defendant receive a visa for employment (H-2-5) in which domestic job-seeking activities can be conducted through “C”.
[2] No person may apply for a false visa or visa issuance certificate to allow an alien to enter the Republic of Korea.
On October 17, 2015, the Defendant obtained a visa (H-2-5) visa issued only to Korean nationals in Chinese and old training regions by filing an application for a visa with a false birth certificate, which is forged as a child of the Defendant’s mother who was issued by “C” before, as if he were the descendants of the considered person, at the Embassy of the Republic of Korea in charge of issuing a visa on October 17, 2015.
Accordingly, the Defendant applied for a visa by deceptive scheme at the same time as interfering with the legitimate performance of duties by public officials in charge of issuing visas belonging to the Embassy of the Republic of Korea.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Copies of each police statement made to D;
1. Application of the Acts and subordinate statutes for reporting internal investigation;
1. The relevant Article of the Criminal Act concerning the crime;