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(영문) 수원지방법원 안산지원 2013.08.28 2012고정2184
위계공무집행방해
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, who entered the Republic of Korea as a Chinese citizen with a short-term comprehensive (C-3) visa and stays in Korea for a long-term stay in Korea, prepared false documents proving his/her attendance, such as attendance books, official authority management books, fingerprinting attendance books, etc. as if all the defendant were present at normal times, and submitted a letter of recommendation issued by the above support group to the support group, and submitted it to the Immigration Office to obtain permission to change his/her sojourn status as a visa (H-2) for visiting employment (H-2).

On December 2, 2011, the Defendant submitted to the Support Group documents evidencing that D has made a false appearance at the Incheon Immigration Office located in Seo-gu Incheon Metropolitan City, Seo-gu, Incheon Metropolitan City, 209-1, and submitted a letter of recommendation issued to the Support Group along with an application for permission for change (H-2).

Accordingly, on December 16, 201, the head of the above immigration control office, who is unaware of the fact, had the defendant changed the status of non-resident status of stay in the name of the head of Incheon Immigration Office (H-2).

Accordingly, in collusion with D, the Defendant interfered with the execution of duties concerning the change of status of a public official by fraudulent means.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D's partial statement;

1. Each fact-finding inquiry and response letter;

1. Application of Acts and subordinate statutes to a copy of the attendance book, a copy of the recommendation for change of qualification for visiting employment (H-2), and a copy of the application (report);

1. Article 137 of the Criminal Act applicable to the crime, the choice of punishment, and the choice of fines;

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

3. The following circumstances, which are acknowledged by each evidence prior to the conviction under Article 334(1) of the Criminal Procedure Act, namely, the Defendant, at least September 24, 201, was present at the school without attendance at the school.

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