2012 Highest 3153 Performance of Official Duties by Fraudulent Means

1. Kim 00 (JIN 00000, October 000), Members of the Company

Seoul Residence

Nationality China

2. LI 00 (LI 000 000,000,000,000), Company members

Residential safety time

Nationality China

3. Bab00 (XVI 000000, October 0, 000), Company members

Seoul Residence

Nationality China

Manwons ( Prosecutions) and Mank (Trial)

Attorney Kim Yong-jin (Attorney Kim Yong-jin, Counsel for defendant Kim Yong-jin)

Attorney Yang Woo-soo (Law Firm Lee 00, Hamn for the purpose of 200)

August 10, 2012

Defendants shall be punished by imprisonment for ten months.

Criminal History Office

1. Defendant Kim 00 (JIN 0000)

On May 19, 199, the defendant entered China's ship as an industrial trainee (D-3) on May 19, 199, but left without permission, and was sentenced to a suspended sentence of three years and six months on July 25, 2003 due to violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (special rape, etc.) in the North Korean Branch Support of Seoul District Court, and was detained in the foreigner internment camp on July 30, 2003.

In accordance with the provision regulating compulsory entry into the Republic of Korea, when the Republic of Korea was prohibited from entering the territory of the Republic of Korea, the Defendant launded his status by changing the name and date of birth to prevent the entry into the territory of the Republic of Korea from ascertaining the forced departure from the immigration authorities of the Republic of Korea. On 2004, the Defendant was issued the above Chinese passport by the foreign diplomatic authorities of the Republic of Korea, with the name and date of birth 'JININ 0000 (JIN 00), 000, 000, 000, 100, 100, 100, 200, 200, 200, 200, 200, 200, 200, 3

After that, on August 29, 2006, when the defendant applied for a visa from the official in charge of visa issuance to the official in charge of the issuance of the visa, the defendant could not confirm the fact that the defendant was forced to commit sexual assault as above, and the name and date of birth (*******.*.**.**.*)", using the name and date of birth (including the date of entry) "JININ *******.*.*.)" and entered the related documents such as the visa issuance application into Seoul Immigration Office on September 4, 2006 as if the defendant visited or forced to visit Korea and did not have any record of prohibition of entry.

A. On July 16, 2007, the Defendant changed the status of stay from F1 (Visits and employment) to H2 (Visits employment) in Yangcheon-gu Seoul Immigration Office, Yangcheon-gu, Seoul, the Defendant prepared and submitted a false application for change of status of stay using the visa and personal information in the name of JIN 0000 ( Kim*) and obtained the status of stay change on the 19th of the same month.

B. As above, the Defendant is willing to naturalization as a citizen of the Republic of Korea by using the visa and personal information in the name of JIN 0000 (Ma* Kim*). On September 18, 2006, the Defendant stated in the naturalization application form the above false name and date of birth, JIN 000 (JIN****), ***. *. *. *. * The birth? The Defendant stated in the corresponding column in the residing period column of the Republic of Korea, and the Defendant stated in the residing period of the Republic of Korea in the column of the Republic of Korea.

5. From September 11, 2006, without stating the fact that he/she entered and resided in the Republic of Korea from around September 1, 2006, false statement was made as if he/she resided in the Republic of Korea, and upon submitting a copy of the foreigner registration certificate, Chinese passport, and resident identification card issued as above in the personal information of JIN 0000 ( Kim*). The applicant for permission of naturalization was obtained on April 15, 2008 through the nationality writing test on January 23, 2008 and the naturalization interview on January 31, 2008.

Accordingly, the defendant is a public official in charge of permission for change of status of sojourn and public official in charge of naturalization.

(2) Each legitimate performance of duties was hindered.

2. Defendant 00 (LI 00000)

On August 25, 1999, the Defendant was sentenced to imprisonment with prison labor in Incheon District Court on April 17, 2001 and two years and six months and six months in imprisonment with prison labor in Incheon District Court on June 21, 2001, which became final and conclusive on August 6, 2003, and was transferred to a foreign lake and marsh in Daejeon Prison on September 8, 2003. The Defendant was forced to leave on September 8, 2003.

In accordance with the provision regulating compulsory entry into the Republic of Korea, when the Republic of Korea was prohibited by the immigration authorities of the Republic of Korea, the Defendant launded his status by changing the name and date of birth to prevent entry into the Republic of Korea from ascertaining the forced departure from the immigration authorities of the Republic of Korea, and had the name and date of birth of the Defendant in China around 2009 and issued the above Chinese passport by the foreign diplomatic authorities of the Republic of Korea to change his name and date of birth. The Defendant was issued the above Chinese passport on October 00, 200, when his name and date of birth were "I I I 00 (0), 000, 000, 00."

After that, when the defendant applied for a visa (H - 2) from a Korean consul on November 24, 2009, the defendant had a public official in charge of the issuance of visa belonging to the consular official confirm the fact that the defendant was forced to commit a crime in violation of the Narcotics Control Act (fence), and the name and date of birth (*******.**.*.*.) while using the name and date of birth (including the date of visa issuance) as "(fence)", the defendant used the above LI 000 (fence) to make it impossible to confirm the fact that he visited or forced to visit Korea or to leave Korea and there is no record of prohibition of entry.

*.*** A. H-2 visa in the name of birth, issued on December 12, 2009, and entered Korea on December 2, 2009

14. The Seoul Immigration Office made a foreigner registration.

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

3. Defendant 200 (XIN 000000)

On February 15, 2006, the Defendant entered the Chinese Shipbuilding for a visa (F - 1) to be visited on February 15, 2006, and was found to have committed an act of inflicting an injury on the victim's grandchildren and the right side, each at least once on the side side of the victim's fingers and the right side, and thus forced to leave on October 31, 2007, on January 26, 2007, for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc., injured) in the Support of the Daejeon District Court of Daejeon District on January 26, 2007, the Defendant was sentenced to one year of imprisonment with prison labor at the Daejeon District Court, which was the appellate court on April 12, 2007, and the judgment became final and conclusive and transferred to the foreigner internment on October 26, 2007.

In accordance with the provision regulating compulsory entry into the Republic of Korea, when the Republic of Korea was prohibited by the immigration authorities of the Republic of Korea, the Defendant launded his status by changing the name and date of birth to prevent entry into the Republic of Korea from ascertaining the forced departure from the immigration authorities of the Republic of Korea, and was issued the above Chinese passport by the foreign diplomatic authorities of the Republic of Korea, with the name and date of birth on around 2009, even though his name and date of birth 'XIN 0000 (b), 000, 000, 000's birth 'the name and date of birth 'the name and date of birth 'the name and date of birth 'the name and the date of birth 'the name and the date of birth 'the name and the date of birth 'the country

After that, on November 3009, the Defendant used the name and date of birth (as of February 12, 1978, the name and date of entry (as of February 12, 1978) of "XN 0000 (b)****)" and entered the documents, such as the issuance of visa, by making a false entry into the Republic of Korea on November 30, 2009, that the Defendant visited or forced the Republic of Korea, and that there was no record of prohibition of entry. The Defendant issued a visa to a public official in charge of issuing the visa under the consular official's control on November 30, 2009 (H-2) to enable the Defendant to commit the above crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.).

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

Summary of Evidence

[Defendant Kim 00]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Inquiry into comprehensive records of persons related to entry or departure (1 7 pages of investigation records), personal entry or departure status (9 pages), inquiry of persons restricted from entry or departure, notice of decision on immigration offender examination, notice of deportation, and direction of release;

1. Personal status of entry or departure (26 pages), inquiry of a short-term visa issuer, departure certificate, comprehensive inquiry of persons related to entry or departure (32 pages), registered foreigners card, application form for registration of foreigners, copy of personal identification card, application form (report), screen, application form for naturalization, passport copy, visa copy, and notarized document; and

1. Court rulings;

【Defendant 00】

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A comprehensive inquiry into records of persons related to entry or departure (2.6 pages of investigation records), personal entry or departure status (7 pages), inquiry of persons restricted from entry or departure, notice of decision on immigration offender examination, notice of decision on immigration offender examination, detention certificate, and deportation order;

1. An inquiry by a short-term visa issuer, personal entry or departure status (30 pages), a registered foreigner record card, a written application (written report), a passport copy, a copy of personal identification card, and a written application (written report);

1. Each judgment;

【Defendant 20】

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. General records inquiry of persons related to entry or departure (3.7 pages of investigation records), personal entry or departure status (9.9 pages), inquiry of persons restricted from entry or departure, registered foreigners' records, applications (report), certificates of personal reference, notices of decision on examining immigration offenders, and deportation orders;

1. Inquiry into a short-term visa issuer, personal immigration status (36 pages), registered foreigners’ records, and application form (report);

1. Each judgment;

Application of Statutes

1. Article applicable to criminal facts;

Article 137 of the Criminal Code, Selection of Imprisonment

1. Aggravation of repeated crimes (defendant 100);

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

The Defendants, on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, enter the Republic of Korea by deceiving the public official in charge as a laundry when the entry into the Republic of Korea is restricted by criminal power, and make a foreigner registration, or obtain the nationality of the Republic of Korea after obtaining permission to change the status of stay, thereby impairing the entry and departure order, etc. of the Republic of Korea. Since the crimes falling under the basic area of punishment falling under the second category of the obstruction of performance of official duties conflict with each other, the sentence is determined as ordered within

Judges' lecture;