A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, a Korean national of China, was a Korean national residing in the Republic of Korea at a short-term visit (C-3) and tried to change his sojourn status to a visa (H-2) around August 2016 while staying in the Republic of Korea on or around March 2003, but he was sentenced to five years of imprisonment with prison labor for larceny at the court of the Dog-ro, which was located in the Chinese roadside, around March 2003, and was released from the military court after being sentenced to imprisonment with prison labor for larceny on or around March 2007, and was unable to be issued by the Chinese authority a certificate of non-crime necessary for the above application for change, the Defendant conspired to apply for the above change after forging the above documents.

1. 사문서 위조 피고인은 2016. 8. 경 중국에 있는 불상의 위조업자에게 연락하여 자신의 무범죄 증명서의 위조를 의뢰한 후 수수료 명목으로 27만원을 송금하고, 위조업자는 그 무렵 불 상의 장소에서 ' 无違法犯罪紀錄症明’ 이라는 제목으로 성명 란에 'C’, 성별 란에 ' 男', 출생일 란에 'D 생', 신분증 호 란에 ‘E’ 이라고 기재한 후 중국 길림성 공안국 명의의 도장을 날인하였다.

Accordingly, the defendant, in collusion with the misappropriation, forged a certificate under the name of the Chinese country of public security, which is a private document on the proof of facts, for the purpose of uttering.

2. A person who interferes with the exercise of the above investigation documents and the performance of a fraudulent means of official duties has issued a forged non-crime certificate to the defendant by international mail in China, and the defendant applied for a change of the status of stay at the Incheon Immigration Management Office located in Jung-gu Incheon, Jung-gu, Incheon, as of November 14, 2016, and submitted a forged non-crime certificate to a public official in charge who knows such a fact, and obtained permission to change the status of stay at the Immigration Management Office around November 21, 2016.

Accordingly, the defendant exercises the above forged private document and performs the legitimate duties of the immigration management office in charge of the change of the qualification for sojourn by fraudulent means.