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(영문) 서울중앙지방법원 2015.05.01 2015고단810
출입국관리법위반
Text

A defendant shall be punished by imprisonment for four months.

except that 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

No person shall apply for a false visa.

The defendant wanting to be employed in the Republic of Korea, but it is difficult to obtain the entry permission from the Republic of Korea in a normal way, and the defendant agreed to obtain the entry permission by pretending to obtain the 6,000 dollars and 6,000 dollars as if the defendant entered the Republic of Korea for the purpose of academic training.

Accordingly, around April 20, 2013, D, E, and F, who are C and their accomplices, prepared a false personal reference document stating that “F, who is the H representative, shall guarantee the identity of the Defendant, the son’s child, after downloading the form of the personal reference at the Internet site of the Jongno-gu Seoul Metropolitan Government University by using a computer,” and received permission to enter the Defendant by submitting the application document to the Korea National University by submitting it to the Korea National University.

The Defendant applied for a visa to the Embassy of the Republic of Korea stationed in Pakistan by taking advantage of the above entrance permission of the Korea University Korean Education Center, and entered the Republic of Korea on May 27, 2013 after obtaining a visa from the Embassy of Pakistan (D-4).

Therefore, although the defendant entered Korea for employment, he/she applied for a visa for the purpose of study training through false certificates of fidelity guarantee, and applied for a visa falsely.

Summary of Evidence

1. Partial statement of the defendant;

1. Copies of each police suspect's interrogation protocol against D, F, and E;

1. A copy of the police statement concerning F;

1. A copy of a report on internal residence, Korean language and culture education center of the Korea National University, and attached data;

1. A copy of an investigation report (the current status of attendance at the Korean Language Education Center of Korea University, three persons entering the Republic of Korea), and accompanying data;

1. The application of Acts and subordinate statutes concerning investigation reports (Attachment of a copy of the decision concerned) and accompanying materials;

1. Article 94 of the former Immigration Control Act (amended by Act No. 12195, Jan. 7, 2014) regarding criminal facts and Article 94 of the former Immigration Control Act regarding the choice of punishment.

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