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(영문) 창원지방법원 2017.05.24 2017고단1096
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

Criminal facts

1. The Defendant interfered with the performance of a deceptive scheme’s official duties, and the violation of the Immigration Control Act, committed a violation of the foreigner’s nationality, who entered the Republic of Korea and did not have any plan to engage in the purchase of heavy equipment, but did not visit the Republic of Korea for the purpose of purchasing heavy equipment, with a visa issued to enter the Republic of Korea.

On September 2014, the Defendant requested “C”, a local broman, to grant a visa to the Republic of Korea. The Defendant’s passport and photographed the Defendant’s photograph, and the aforementioned “C” sent the invitation letter, etc. to the effect that the Defendant, who was accused of entering the Republic of Korea and invited the Defendant from D to enter the Republic of Korea in order to perform the business of purchasing heavy equipment, and the “F” upon the request of the said “C” was recruited to prepare a personal identification guarantee certificate against the Defendant.

Accordingly, on October 20, 2014, the Defendant applied for a short-term permanent visa (C-3-4) at the Embassy of the Republic of Korea located in the business Switzerland around October 2014, and was issued a visa unlawfully around October 30, 2014 by submitting to the public official in charge of issuing the visa a false invitation letter to the effect that the Defendant is invited to the Defendant for business purposes in D and the identity guarantee certificate of the said “F”.

Accordingly, the Defendant, in collusion with the above “F” and the above “C” by deceptive means, obstructed the legitimate performance of duties by a public official in charge of issuing visas belonging to the Embassy of the Republic of Korea, who belongs to the Embassy of the Republic of Korea, and received a visa from the Republic of Korea by filing a false application.

2. The Defendant violated the Immigration Control Act entered the short-term ordinary visa (C-3-4) on November 19, 2014, and illegally staying in the country of Kimhae-si by no later than March 30, 2017 without obtaining permission from the Minister of Justice for the extension of the period of stay even after the lapse of the period of stay on February 7, 2015, the expiration date of the period of stay.

Summary of Evidence

1. Statement by the defendant in court;

1. Application for the issuance of a visa, invitation letter, and

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