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(영문) 창원지방법원 2017.04.26 2017고단861
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Although the fact that the defendant was a foreigner of Pakistanan nationality was scheduled to enter the Republic of Korea to apply for refugee status, the defendant was willing to enter the Republic of Korea with a visa issued by pretending that he was invited for business purposes.

At the end of August 2016, the Defendant requested two persons, including “C”, “D”, etc., to make a visa available to the Republic of Korea in advance to arrange for the entry of a false visa into the Republic of Korea. The Defendant sent relevant documents, such as a letter of invitation, etc., necessary to obtain a visa to enable an employee F in charge of the export business of “E Co., Ltd.”, who is an exporter of waterproof distribution, to purchase a large quantity of water quality, by e-mail, to obtain a visa necessary for the business employee to visit the Republic of Korea to carry out a waterproof distribution inspection and purchase procedure.

(C) received a copy of the Defendant’s passport and a letter of invitation, etc.;

After that, on November 29, 2016, the Defendant applied for a short-term permanent visa (C-3-1) in the Korean consul located in the U.S. in the U.S. in the U.S., the Defendant issued a visa to the public official in charge of issuing the visa by submitting documents for visa issuance, such as a letter of guarantee of the identity of the Defendant, a letter of invitation, etc., made with the intent to invite the Defendant from the E Co., Ltd. for business purposes.

Accordingly, the Defendant, in collusion with the above “C” and “D”, applied for a visa in collusion with the above “C” and “D, thereby hindering the legitimate performance of duties by a public official in charge of issuing visas belonging to a Korean consular official.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A copy of a A passport, a copy of an application for visa issuance, a copy of an English invitation letter, a copy of a request for visa issuance, and a copy of a refugee application;

1. Application of Acts and subordinate statutes to a criminal investigation report (the confirmation report on the date of applying for a visa);

1. Articles 137 and 30 of the Criminal Act (by fraudulent means) of the same Act concerning facts constituting an offense.

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