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(영문) 창원지방법원 2020.06.10 2020고단1176
위계공무집행방해등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a foreigner of Pakistan nationality, who entered the Republic of Korea on April 1, 2018 as a visa for short-term visits to stay (C-3-4) and changed the status of stay to other (G-1-5) on May 17, 2018, and has valid status of stay until August 28, 2020.

On April 2016, the Defendant knew that he was unable to find a job by entering the Republic of Korea in a normal way in the name of the Republic of Korea, and thought that he was issued a visa by setting up a false invitation letter, etc. on the so-called “B” (hereinafter referred to as “B” only).

Although the Defendant, on March 2, 2018, entered the Republic of Korea with money earned by entering the Republic of Korea, the Defendant applied for a visa for the entry of the Republic of Korea with the content of “a visa for the purpose of drawing up the course of study at a ICC, which was falsely prepared at the Embassy of the Republic of Korea located in Pakistan,” accompanied by a document and body attached thereto necessary for the invitation and invitation,” and submitted the visa to the public official in charge of official in charge who may know of the aforementioned false content, along with the visa issuance application.

As a result, the Defendant conspired with Brazil, thereby obstructing the legitimate performance of duties by public officials in charge of the issuance of visas belonging to the Embassy of the Republic of Pakistan by deceptive means, and simultaneously applying for a visa falsely.

Summary of Evidence

1. Defendant's legal statement;

1. Each internal investigation report and investigation report;

1. Application for visa issuance, invitation letter, etc., mail record, registered foreigner card, one copy of sojourn information photograph, one copy of refugee recognition document, personal immigration status, official document related to accusation, etc., and application of immigration Acts and subordinate statutes of individual immigration status of Brazil;

1. Relevant Article 137 of the Criminal Act, Article 30 of the Criminal Act (the point of obstruction of performance of official duties by fraudulent means), and the Immigration Control Act.

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