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(영문) 서울중앙지방법원 2015.03.26 2015고정423
위계공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a national of the People's Republic of China (hereinafter referred to as "China").

On January 20, 1998, the Defendant, upon the expiration of the period of stay while entering the Republic of Korea for the first time, left the Republic of Korea upon the voluntary declaration of the illegal aliens.

When the Defendant was unable to re-entry the Republic of Korea due to the domestic illegal stay experience, the Defendant thought to acquire the Republic of Korea nationality by forging a Chinese government's family register under D (D) name to enter the Republic of Korea with a passport and obtaining naturalization.

On January 20, 2003, the Defendant: (a) forged the father of F and the mother of F and the family head of China, whose father is D (D and E) with the Defendant; (b) entered the Republic of Korea on September 23, 2005 as the visa after having got a passport issued under the name of D and married with H who was naturalization in the Chinese nationality; and (c) stayed in the Republic of Korea with D and stayed in the Republic of Korea.

On March 28, 2008, the Defendant filed an application for naturalization with the Minister of Justice at the Yangcheon-gu Seoul Metropolitan Government Office of 151 Seoul Immigration and Immigration on March 28, 2008. The Defendant was granted permission of naturalization on March 29, 2010 by the Minister of Justice on the following grounds: (a) although the Defendant’s true personal information was forged D (A, Ears, Korean Name K), the Defendant’s application for naturalization was accompanied by the Chinese government’s family head office and passport issued in the Chinese government, the above family head and passport, an alien registration certificate issued based on the above family head and passport, and a written naturalization statement, etc. issued by the Defendant.

Accordingly, the defendant interfered with the legitimate execution of refugee status of the Ministry of Justice and public officials belonging to the Ministry of Justice who are performing duties concerning the fair execution, management and supervision of naturalization application through fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report by the person who has acquired the false nationality;

1. Permission of naturalization;

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