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(영문) 창원지방법원 2020.07.22 2020고단1896
출입국관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. No person who violates the Immigration Control Act by filing a false application for a visa shall apply for a visa or a visa issuance certificate, or mediate such application to allow any foreigner to enter the Republic of Korea;

On October 2016, while the Defendant was trying to reside in a third country because of religious reasons, the Defendant issued 300 million US dollars ($10,000) along with the Defendant’s passport, identification card, business registration certificate, copy of passbook, etc., which is a document required for visa application, upon request by the Defendant’s request to make a visa available to the Republic of Korea.

On November 6, 2016, the above-mentioned person sent e-mail to the director E of the Nam-gu Incheon Metropolitan City Steering Group D Co., Ltd., Ltd., a director of the Nam-gu Seoul Metropolitan Government Co., Ltd., “Wing to purchase D products, sending the down payment first while trading with the Chinese company before wanting to purchase the D products, and inviting him to verify whether he is capable of supplying the actual goods, so he would directly report to Korea.” On December 2016, 2016, the above-mentioned person received documents necessary for visa application, such as a letter of invitation, etc., in the name of D representative F, a corporation, which provides that “I would invite the Defendant from D for business purposes.”

After that, on December 12, 2016, the above-mentioned person was issued a short-term visa to the defendant by filing an application for a short-term visa (C-3-4) with the defendant at the Embassy of the Republic of Korea in the Republic of Korea, which is in the Hague, and submitting documents necessary for the issuance of the visa, such as the above invitation letter.

Accordingly, the defendant, in collusion with a person who is not a registered person, filed a false visa in order to enable the foreigner to enter the country.

2. Any foreigner who violates the Immigration Control Act due to an illegal stay may sojourn in the Republic of Korea within the limits of his/her sojourn status and period of sojourn.

The Defendant around December 20, 2016.

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