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(영문) 서울중앙지방법원 2012.08.23 2012고단3203
위계공무집행방해
Text

Defendant

A and Defendant G are punished by imprisonment of 8 months, by imprisonment of 10 months, by Defendant C and Defendant E, and Defendant I, Defendant K, and Defendant K.

Reasons

Punishment of the crime

1. On November 29, 1996, Defendant A and B entered the Republic of Korea as a Chinese Shipbuilding, and was arrested on March 16, 2004 while illegally staying there on a short-term general visa (C-3), and then forced departure on March 24, 2004 (the suspension of indictment is imposed at the Seoul Central District Public Prosecutor's Office on April 21, 2004). The Defendant was subject to restriction or prohibition of entry into the visa issuance due to the aforementioned forced departure. The Defendant was issued with an abnormal method in China, and was willing to re-enter the Republic of Korea with a visa after obtaining a visa for 7 years. The Defendant was forced to enter the Republic of Korea on June 29, 2007 to enter the Republic of Korea by obtaining a visa for 10 years, including the name of the Defendant who was forced to enter the Republic of Korea, or to leave the Republic of Korea by obtaining a visa for 20 years, as if he were subject to lawful departure from the Republic of Korea’s name and issuance of the visa (H-2).

Accordingly, the defendant interfered with the legitimate performance of duties of public officials in charge of foreign registration by fraudulent means.

B. Since then, the Defendant had the intent to naturalization as a national of the Republic of Korea using the visa and personal information in the name of “B and W” as above, and around August 5, 2009, the Defendant applied for permission of naturalization so that a public official in charge of naturalization at the Yangcheon-gu Seoul Immigration Office of Yangcheon-gu Seoul Metropolitan Government cannot verify the identity of the Defendant who had the record of forced deportation due to criminal acts at the Dong Office of Yangcheon-gu Seoul Metropolitan Government.

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