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(영문) 창원지방법원 2017.05.17 2017고단1102
출입국관리법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is a person who has been granted permission to stay until June 22, 2017, after having entered the Republic of Pakistan (C-3-1) on May 29, 2016 as a nationality foreigner, and having changed the status of other stay (G-1-5) to the status of other stay on June 24, 2016.

The defendant, using a falsified invitation letter and personal identity guarantee certificate of a company of the Republic of Korea that was forged through entry into and departure from Korea, had been issued a visa pretended as if the company was invited in Korea for business-related business, and had the defendant enter Korea to engage in job-seeking activities.

On February 24, 2016, when the defendant applied for a visa to enter the Republic of Korea in the U.S. consular missions located in the Republic of Korea located in the U.S., the defendant submitted an application for a visa issuance to a public official in charge of name unknown of the forgery, attaching one invitation letter in the name of D Representative E, and one letter of identity guarantee.

As a result, the Defendant, in collusion with the entry into and departure from Korea, exercised the invitation letter and identity guarantee of forged representative G name, and applied for a false visa to enter Korea, and at the same time interfered with legitimate execution of duties related to the visa issuance of a public official in charge of visa issuance by deceptive scheme.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Articles 234, 231, and 30 of the Criminal Act regarding criminal facts; Articles 94 subparagraph 3 and 7-2 of the Immigration Control Act; Article 30 of the Criminal Act; Articles 137 and 30 of the Criminal Act concerning criminal facts;

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

1. Imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentence of Article 62(1) of the Criminal Act on the suspended sentence is the former sentence (unapplicable sentencing criteria: Minor concurrence): Imprisonment with prison labor for one year: The grounds for the aggravation of a suspended sentence of one year: A person who is sentenced to imprisonment for a year: 1 year; a person who is unable to comply with the applicable law; a person who abused the procedures for applying for refugee status after entry; and

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