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(영문) 인천지방법원 2013.07.10 2013고단1700
출입국관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant thought that it is impossible to leave the Republic of Korea because he could not obtain a passport under his name because he could not obtain the passport when he is delinquent in taxes, and asked the birther B to leave the Republic of Korea by issuing a passport under his name.

1. At around 11:00 on June 28, 2012, the Defendant: (a) sent his photograph to B near the house located in Gangdong-gu Seoul Metropolitan Government; (b) requested B to have the passport issued under the name of B; and (c) B prepared the application for issuance of the passport with the passport department located in Gangdong-gu, Gangdong-gu, Seoul Metropolitan Government 1-dong 540; (b) attached the Defendant’s photograph to the public official in charge of issuing the passport on his name and attached the Defendant’s photograph; and (c) requested B to issue a passport (D) attached with the Defendant’s photograph attached to his personal information.

As a result, in collusion with B, the Defendant entered false facts in the passport by making a false report to a public official, and entered false facts in the documents submitted to have a passport issued or reissued at the same time, or received the issuance or reissuance of a passport by other unlawful means.

2. On July 6, 2012, the Defendant presented the above passport to the public official in charge of immigration inspection who is not aware of the circumstances at the departure inspection site of the Incheon International Airport located in Jung-gu, Jung-gu, Incheon, Jung-gu and 2850, as well as from that time until October 28, 2012, the Defendant was subject to the above passport from around nine times in total as shown in the list of crimes in the separate sheet and presented the above passport.

Accordingly, the defendant conspireds with B to use a passport containing false facts.

3. Any citizen who intends to depart from the Republic of Korea outside the Republic of Korea shall obtain a valid passport and undergo a departure inspection conducted by an immigration control official at the port of entry and departure where he/she departs from the Republic of Korea;

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