2018 Highest 1799 A. Obstruction of the Performance of Official Duties by Fraudulent Means

B. Violation of the Immigration Control Act

1. A;

2. B

Yellow Major (Court of Second Instance) and Second Class (Court of Second Class)

Attorney C (Pream for all the defendants)

September 5, 2018

1. Defendant A

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

2. Defendant B

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

Defendants were foreigners of their nationality, and they were willing to enter the Republic of Korea with a visa by pretending that they were invited for business purposes even if they were planned to apply for employment and refugee status after entering the Republic of Korea.

On January 6, 2016, the Defendants offered a visa to Brocon D for the issuance of US$ 4,700 to the Republic of Korea. After requesting D to make a visa so that the Defendants may go to the Republic of Korea. Since then, D, Gangdong-gu Seoul, to G operating the original trading company F through e-mail, the Plaintiff would want to purchase the visa through e-mail, and sent the invitation letter to the Defendants. The Defendants received the invitation letter from G and delivered it to the Defendants. On January 6, 2016, the Defendants applied for a short-term visa (C-3) at the Embassy of the Republic of Korea in the Hague, at the Embassy of the Republic of Korea located in the Hague, and received the visa issuance document by submitting the visa issuance document, such as a false invitation letter, to the effect that the Defendants would be invited from the above F for business purposes.

Accordingly, in collusion with the above D, the Defendants interfered with legitimate performance of duties by the public official in charge of visa issuance who belongs to the Embassy of the Republic of Korea by fraudulent means and applied for a visa falsely.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

Application of Statutes

1. Article applicable to criminal facts;

Articles 94 subparag. 3 and 7-2 subparag. 2 of the Immigration Control Act, Article 30 of the Criminal Act, Articles 137(1) and 30 of the Criminal Act (Obstruction of Performance of Official Duties by Fraudulent Means)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act

Grounds for sentencing

1. Defendant A

In the case of imprisonment: One year of imprisonment, or two years of suspension of execution;

○ Aggravation: Violation of law, etc.

○ Grounds for mitigation: Confession, absence of domestic criminal records, etc.

2. Defendant B

In the case of imprisonment: One year of imprisonment, or two years of suspension of execution;

○ Aggravation: Violation of law, etc.

○ Grounds for mitigation: Confession, absence of domestic criminal records, etc.

Judges Owon-ho