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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
1. Any foreigner who violates the Immigration Control Act may sojourn in Korea within the limits of his/her sojourn status and period of sojourn;
Nevertheless, the Defendant, a Vietnamese national, entered the Republic of Korea with a visa on June 26, 2008 (E-9) and stayed until June 6, 2015, even if the period of sojourn expired on April 26, 2013.
2. When it is difficult for the Defendant to seek a job with the degree of sojourn period, the Defendant forged a foreign registration certificate, and on July 7, 2013, requested a Chinese Bracker D to forge a foreign registration certificate, which was known through the introduction of Vietnam, and delivered his/her photograph, previous foreign registration certificate, etc. to the Broacker D.
Accordingly, D sent the above photographs, etc. by international mail to a false identification card forgery business operator in China, and a forged business operator created a foreign registration certificate under the name of the head of the Incheon Immigration Office, and sent them by international mail to D by means of recording the personal information of E and attaching a defendant's photograph.
Accordingly, the defendant, in sequence with D and above identification card forgery business operators, forged a certificate of alien registration, which is an official document with his/her photograph without authority, for the purpose of uttering.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Investigation report (a copy of a counterfeited alien registration certificate and a copy of an international postal bag);
1. Application of Acts and subordinate statutes to one copy of output of an official document issued as a result of the identification of a foreigner registration certificate, and one copy of a registered foreigner record sheet (A);
1. Article 94 Subparag. 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act (the point of sojourn after the expiration of the period of stay), Articles 225 and 30 of the Criminal Act, the choice of imprisonment for a crime, and the choice of a sentence, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the decision of type) of the suspended execution (the decision of type) shall be the forgery, alteration, etc. of official documents.