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(영문) 수원지방법원 2013.04.17 2013고단887
위계공무집행방해
Text

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

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

Reasons

Punishment of the crime

The defendant is a person registered in the Family Register A with Chinese nationality, and entered the Republic of Korea on April 11, 2003 as a spouse (F-2-1) of the citizen, but on December 22, 2005, the defendant was punished by imprisonment with prison labor for not less than 8 months and a suspended execution for not less than 2 years for the crime of false entry into public electronic records at the Suwon District Court on December 22, 2005.

For the foregoing reason, the Defendant knew that he is unable to re-enter the Republic of Korea within the nearest day according to normal procedures, and knew that he is unable to re-enter the Republic of Korea in accordance with the name of “A,” made a false passport and made it possible to enter the Republic of Korea. Accordingly, on March 3, 2008, the Defendant paid 30,000 won to “D” and made the passport to “C” in return for the said 30,000 won.

1. Around October 7, 2008, the Defendant undergoes an entry examination at the Incheon Airport Entry Inspection Station located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon Metropolitan City, and presented C’s passport ( passport number: E) that was falsely prepared to a public official in charge of the Immigration Office of the Ministry of Justice, who is unable to know the fact, and entered the Republic of Korea as C.

Accordingly, the defendant interfered with the legitimate execution of duties related to entry inspection by public officials of the Immigration Office of the Ministry of Justice through deceptive means.

2. On October 2008, the Defendant applied for a foreigner registration at the Suwon Immigration Office located in the Youngwon Tong-dong, Suwonwon-dong, Suwon-gu, 2008, and presented the falsely prepared C’s passport and documents necessary for applying for a foreigner registration to a public official at the Immigration Office of the Ministry of Justice as if he were C, and made an application for a foreigner registration.

Accordingly, the defendant interfered with the legitimate execution of duties related to the foreigner registration of public officials of the Suwon Immigration Office by fraudulent means.

3. The Defendant on November 8, 201, Jung-gu Incheon Metropolitan City, Jung-gu, Jung-gu, 2850

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