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(영문) 창원지방법원 2017.04.25 2017고단1012
위계공무집행방해등
Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

Although the fact that the defendant was a foreigner of Pakistanan nationality was a plan to enter the Republic of Korea to apply for refugee status, the defendant was willing to enter the Republic of Korea with a visa issued by pretending as if he was invited for business purposes.

On November 2015, 2015, the Defendant: (a) requested “C”, a single person who is a broman for the issuance of a false visa, to obtain a visa from the Republic of Korea; (b) the Defendant’s passport and/or photographic photo; and (c) the said “C”, to the employees E in charge of the export business of “D”, who are engaged in the manufacturing business of machinery, is willing to purchase the machinery of the machinery of the machinery manufacturer; and (d) sent relevant documents, such as the invitation letter, etc., necessary to enable UN to visit.

the defendant's passport was sent and the invitation letter, etc. was sent.

After that, on November 8, 2015, the Defendant applied for a short-term visa (C-3-1) in the Korean consul located in the U.S. in the U.S. in the U.S., and illegally issued a visa by submitting documents to the public official in charge of issuing the visa, such as a letter of personal identification guarantee to the Defendant, a letter of invitation, etc., which was falsely prepared to the effect that the Defendant is invited from D to business purposes.

Accordingly, the Defendant, in collusion with the above “C”, obstructed the legitimate performance of duties by the public official in charge of issuing visas belonging to the Korean consular official, and filed a false application for a visa.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement filing of a visa, invitation letter, and personal identity guarantee report (E document verification report)

1. Article 137 and Article 30 of the Criminal Act (the point of obstructing the performance of public duties by fraudulent means) concerning the facts constituting an offense, Article 94 subparagraph 3 of the Immigration Control Act and Article 97-2 subparagraph 2 of the Immigration Control Act, Article 30 of the Criminal Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Suspension of execution;

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