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(영문) 부산지방법원 2013.11.13 2013고단5490
출입국관리법위반
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On July 1, 2010, the Defendant sentenced the Incheon District Court to one year for a violation of the Immigration Control Act. On March 29, 2011, the Defendant completed the enforcement of the sentence.

The Defendant invited foreigners who wish to be employed in the Republic of Korea in the Republic of Korea in connection with the four local slab E, to enter the Republic of Korea for the purpose of visiting the temple and experiencing the Tbabro program, and to acquire the price therefor.

On February 28, 2012, the Defendant: (a) drafted a letter of invitation stating the false details of invitation to visit the F temple and to take part in the Ethbbliology; and (b) invited NAG by submitting F data related to the issuance of a visa to the Korean Embassy; and (c) invited NAGs to enter the Incheon Airport on March 18, 2012 through the Incheon Airport on March 18, 2012; and (d) invited 64 foreigners to enter the Republic of Korea or to refuse to issue the visa by unlawful means, such as the entry in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of G and H;

1. Each report on investigation;

1. Attachment, such as a short-term visa issuer's inquiry screen, and application documents for visa issuance;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (No. 13)

1. Article 94 subparagraph 3, Article 7-2, and Article 7-1 of the Immigration Control Act, Article 30 of the Criminal Act, the applicable Act concerning the facts constituting an offense, and the choice of punishment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include: (a) the Defendant committed the instant crime without any reflection even after having committed the same kind of crime; (b) the Defendant again committed the instant crime; and (c) the number of foreigners invited by unlawful means is 64.

Upon examining the circumstances of the crime, the Defendant prepared a letter of invitation in the name of the inspection and sent the letter of invitation in the name of the inspection, and in this process, a variety of temples can not be repeatedly invited in the same name.

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