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(영문) 서울중앙지방법원 2015.05.29 2014고정5202
출입국관리법위반
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

No person shall apply for a false visa or a visa issuance certificate, or assist such application.

Nevertheless, if the defendant pays the amount of KRW 4.5 million from Pakistan A, which is a professional agent for smuggling entry in Korea, the defendant will be allowed to enter Korea.

When applying for refugee status after entering Korea, he/she may continue to stay for up to one year and eight months.

“I listen to the horses and pay KRW 4.5 million to B, and had the intention to enter Korea in disguised manner as if I had no intention to undergo language training in Korean language.

On September 6, 2013, at the Embassy of the Republic of Korea located in Pakistan, the Defendant, while well aware of the impossibility of entry into Korea in a normal way, was committed as if he was receiving language training in Korean language at C language Research Institutes, and was issued a visa by submitting a letter of invitation, a letter of fidelity guarantee, etc. issued by the person in charge of the said C language Research Institutes from the said C language Research Institutes to the staff in charge of the said Embassy, and entered Korea on November 1, 2013 after obtaining a visa from the general training (D-4).

Accordingly, the Defendant conspiredd with B to apply for a visa in a false manner.

Summary of Evidence

1. An interrogation protocol of the police against the accused;

1. Examination of suspect suspect regarding D by the prosecution;

1. A visa issuance application;

1. A registered foreigners card;

1. The current status of entry and departure;

1. Application of Acts and subordinate statutes on accusation of an immigration offender;

1. Article 94 Subparag. 3 of the former Immigration Control Act (amended by Act No. 12195, Jan. 7, 2014); Article 7-2 Subparag. 2 of the same Act; Article 30 of the Criminal Act; the selection of fines, and the selection of fines.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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