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(영문) 창원지방법원 2020.07.23 2020고단1457
공문서위조등
Text

A defendant shall be punished by imprisonment for one year.

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. Any foreigner who violates the Immigration Control Act may sojourn in Korea within the limits of his/her sojourn status and period of sojourn;

On December 17, 2013, the Defendant, as a foreigner of Vietnam nationality, entered the Republic of Korea with the status of stay of fishing vessel crew members (E-10-2) on December 17, 2013, and stayed in Jinju, etc. by May 6, 2020 without obtaining permission for extension of the period of stay despite the expiration of the period of stay on February 4, 2015.

2. The Defendant, while continuing to stay in the Republic of Korea despite the expiration of the period of sojourn as described in the above paragraph (1), has the intention to forge an alien registration certificate through the forged businessman to use it for job-seeking activities, etc.

On November 1, 2019, the Defendant: (a) sent the Defendant’s foreigner registration certificate in a name-free foreigner registration certificate, which he/she became aware of through the Defendant’s cell phone, to the Defendant 2.80,000 won; (b) sent the Defendant’s cell phone to the Pream; and (c) asked the Defendant to forge and change his/her foreigner registration certificate; and (d) the said forged company issued the Defendant’s photograph on the Plast card in the form of alien registration and received the Defendant’s alien registration certificate at the place of the Defendant’s workplace around November 27, 2019, on October 18, 2019, by stating “the expiration date” on October 18, 202, “the date of issuance” in the name of the head of the Dong Immigration Office on October 18, 2019.

As a result, the defendant forged a foreign registration certificate under the name of the head of the ordinary immigration office, which is an official document, for the purpose of uttering in collusion with the above false name forgery business operator.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to each investigation report, seizure records and accusation records;

1. Article 94 Subparag. 7 of the Immigration Control Act and Article 17 of the same Act concerning the applicable criminal facts, the choice of punishment, etc.

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