logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.04.09 2020고단666
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

The Defendant is a foreigner of Pakistan nationality, who entered the Republic of Korea with a short-term visit of stay status (C-3-4) around February 26, 2017, and changed the status of stay to other (G-1-5) upon an application for refugee status on May 2, 2017, and has valid status of stay until April 21, 2020.

On November 2016, the Defendant received relevant documents, such as a invitation letter and a letter of fidelity guarantee, with the knowledge that he/she was unable to enter the Republic of Korea and be employed in a normal manner, through the name under the direction of “B” and “B,” and, even though he/she was thought not to enter the Republic of Korea for a short term for business purposes, but to have long-term stay in the Republic of Korea for employment.

On December 22, 2016, the Defendant applied for a visa to enter the Republic of Korea at the Embassy of the Republic of Korea located in Pakistan, along with the invitation letter, a letter of fidelity guarantee, etc. received through the “B, etc.” as above, submitted the visa issuance application to the public official in charge of the Defendant, who is not aware of the circumstances.

Accordingly, in collusion with B, the Defendant applied for a visa in collusion with B, etc. to interfere with legitimate performance of duties by a public official in charge of the issuance of visas belonging to the Embassy of the Republic of Pakistan, while filing a false application

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation (report attached to data, such as an application for visa issuance), internal investigation reports (report attached to immigration data), and investigation reports (report attached to data, etc. of a company of the initial authority);

1. Article 94 subparagraph 3 of the Immigration Control Act, Article 7-2 subparagraph 2 of the same Act, Article 30 of the Criminal Act, and Articles 137 and 30 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The main sentence of Article 62(1) of the Criminal Act;

arrow