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(영문) 의정부지방법원 2015.09.11 2014고단1343
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant, who is a foreigner of the nationality of Apistan, entered the Republic of Korea on July 8, 2013, was extended by the period of stay on September 23, 2014 through the refugee application, and is currently working as a park in the factory located in Spocheon-si B.

On June 2013, the Defendant received a visa application document, such as a letter of invitation, a letter of fidelity guarantee, a certificate of good faith, a bill of lading, etc., written by the business owner H of “G” located in F in both states, from the two states via a false invitation hub (E), a false invitation hub (E), via a false invitation box (hereinafter “C”).

In fact, the Defendant did not know G or H at all and did not engage in goods transactions with his business establishment, and did not have any plans to conduct future transactions, but the above invitation letter, etc. was written by the Defendant as if the Defendant were to stay in G as a purchaser.

Around June 26, 2013, the Defendant prepared an application for visa issuance stating “business” for the purpose of visa issuance at the Korean consular missions, and applied for a false visa by submitting the application to a public official in charge of a visa with false written invitation letter, a certificate of fidelity guarantee, goods principal document, a bill of lading, etc. A short-term general visa (C31) allowing a public official who may know of the circumstances thereof to stay in the Republic of Korea by fraudulent means, thereby hindering a public official’s legitimate execution of duties.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol of H and E;

1. A written accusation;

1. Application of Acts and subordinate statutes on the record of registered foreigners, copies of a letter of invitation to notarial acts, investigation and cooperation at the request of the Embassy, all of the documents for application for visa submission to the Embassy, A passport,

1. Article 94 Subparag. 3 of the former Immigration Control Act (amended by Act No. 12195, Jan. 7, 2014); and Article 7-2 of the former Immigration Control Act (amended by Act No. 12195, Jan. 7, 201); and

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