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

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

Punishment of the crime

The Defendant is a foreigner of the nationality of KIKOSO who entered the Republic of Korea with a visa on December 29, 2015, for visiting employment (H-2).

1. 위계공무집행방해, 출입국관리법위반 피고인은 2015. 12. 14. 키르기스스탄 비쉬켁 아크훈바예브 35번가에 있는 키르기스스탄 대한민국 대사관에서, 일명 ‘B’라는 브로커에게 5,000달러를 주기로 하고 피고인의 어머니가 이른바 ‘고려인’이 아님에도 ‘고려인’인 것처럼 위조된 출생증명서를 ‘B’로부터 교부받은 다음, 사증 발급을 신청하면서 위와 같이 위조된 허위 출생증명서를 첨부하여 부모의 일방 또는 조부모의 일방이 대한민국 국적을 보유하였던 경우에 발급되는 방문취업(H-2) 사증을 발급받았다.

Accordingly, in collusion with the above “B”, the Defendant obstructed the legitimate performance of duties by a public official in charge of visa issuance, who belongs to the Embassy of the Republic of Korea, by deceptive means, and applied for a visa falsely.

2. On December 29, 2015, the Defendant violated the Immigration Control Act: (a) entered the Republic of Korea using a visa for visiting employment (H-2) issued by the said method; and (b) on December 17, 2018, the Defendant stayed in Korea until December 26, 2018, despite the expiration of the period of stay.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Inquiry into the record of registered foreigners or entry or departure;

1. Application for visa issuance, forged birth certificate, etc. (No. 8 No. 1 of the evidence list);

1. Application of Acts and subordinate statutes on accusation at the request of each investigation agency;

1. Relevant Articles 137 and 30 of the Criminal Act for the crime concerned, Article 94 subparagraph 3 of the Immigration Control Act, Article 7-2 subparagraph 2 of the Immigration Control Act, Article 30 of the Criminal Act, Article 94 subparagraph 7 of the Immigration Control Act, and Article 17 (1) of the Immigration Control Act (the point of stay in excess of the period of stay);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.