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(영문) 인천지방법원 2020.04.23 2020고단1010
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six 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

1. No person who violates the Immigration Control Act ( false application for a visa) shall file a false application for a visa or a visa issuance certificate, or assist such application to enter the Republic of Korea;

On July 25, 2017, when the Defendant refused to apply for a visa for tourism at the Embassy of the Republic of Korea in the Republic of Korea, the Defendant paid USD 3,000 to the name Bracker (one named “B”) and received a false invitation letter, etc., and intended to obtain a visa from the Republic of Korea and to engage in job-seeking activities after entering the Republic of Korea after entering the Republic of Korea.

On August 2, 2017, the Defendant submitted to the competent person a letter of invitation and guarantee of the name C falsely prepared as if he/she entered the Republic of Korea for the purpose of purchasing cosmetics even though he/she entered the Republic of Korea for employment purposes.

Accordingly, the defendant applied for the issuance of a false visa to enter Korea.

2. Any foreigner who violates the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and period of sojourn, and shall not sojourn outside the limits of his/her sojourn status or period of sojourn.

On August 22, 2017, the Defendant entered the Republic of Korea as a short-term visa (C-3-9) and stayed beyond the scope of the status of stay or the period of stay until February 4, 2020 without obtaining permission for extension of the period of stay from the Minister of Justice, notwithstanding the expiration date of his/her stay on November 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of suspect C by the prosecution;

1. Accusation of an immigration offender;

1. Application of Acts and subordinate statutes, such as application documents for visa issuance, invitation letter, and fidelity guarantee;

1. Article 94 subparagraph 3 of the Immigration Control Act and subparagraph 2 of Article 7-2 of the Act on the Selection of Criminal Facts and Punishment shall be false;

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