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(영문) 수원지방법원 2020.11.05 2020고단6236
위계공무집행방해등
Text

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

except that 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

Around April 2018, the Defendant, as a foreigner of Pakistan nationality, requested the Defendant to make a visa application document that may enter the Republic of Korea while paying USD 3,500 to B, and the Defendant, as such, sent to the Defendant evidentiary documents necessary for applying for a visa, such as a letter of invitation, a letter of fidelity guarantee, etc., stating the false statement that “B shall invite the Defendant to the Republic of Korea for business, such as inspection and purchase of small sized sckes, in C.”

Around April 2, 2018, the Defendant continued to enter the Republic of Korea on a short-term visa (C-3-4) and submitted an application for visa issuance stating false information to a public official in charge of the issuance of a visa, who is not aware of the fact, at the Korean consular missions, and subsequently, illegally obtained the visa. Around April 21, 2018, the Defendant entered the Republic of Korea as the Republic of Korea.

Accordingly, the Defendant, in collusion with the above “B”, obstructed the legitimate execution of duties by public officials in charge of visa issuance who serve in the Korean consular missions, and filed a false application for visa.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation of each police interrogation protocol (Duplicate) of D or E;

1. A copy of the application for visa issuance;

1. Copy of the passport;

1. Application of Acts and subordinate statutes to copies of documents submitted at the time of application for issuance, such as invitation letter;

1. Selection of imprisonment with prison labor, for the following reasons: Article 137 and Article 30 of the Criminal Act regarding the relevant criminal facts; Article 94 Subparag. 3 of the former Immigration Control Act (amended by Act No. 15492, Mar. 20, 2018); Article 7-2 Subparag. 2 of the former Immigration Control Act (amended by Act No. 15492, Mar. 20, 201); Article 30 and Article 50 of the Criminal Act (amended by Act No. 15492, Mar. 20, 201)

1. The reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following reasons for sentencing) are false that the Defendant received from two pages through the broker of entry or departure.

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