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(영문) 창원지방법원 2017.11.29 2017고단1096 (1)
위계공무집행방해등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Under the facts charged, “D” had the intention to enter the Republic of Korea by obtaining a visa as if the foreigner entered the Republic of Korea and did not have any plan to enter the Republic of Korea to purchase heavy equipment, and as if the foreigner visited for the purpose of purchasing heavy equipment.

Around September 2014, “D” was sent a letter of invitation to invite “D” from F to enter the Republic of Korea in order to carry out the purchase business of “D”, and the Defendant, upon the request of F, recruited “E” to prepare a personal identity guarantee certificate against “D” when requesting “E”, which is a local hub for visa issuance, to allow the Republic of Korea to go to the Republic of Korea.

Accordingly, on October 20, 2014, “D” applied for a short-term permanent visa (C-3-4) at the Embassy of the Republic of Korea located in Rostan on or around October 2014, and was issued a false invitation letter prepared to the effect that a public official in charge of issuing a visa is invited to invite “D” for business purposes in F and a defendant’s identity guarantee certificate on October 30, 2014.

As a result, “D”, Defendant, and “E” in successive collusion, thereby obstructing the legitimate performance of duties by officials in charge of issuing visas belonging to the Embassy of the Republic of Korea, which is located in the Embassy of the Republic of Korea, by deceptive means, and at the same time requesting a visa of the Republic of Korea to be issued.

2. The Defendant consistently asserts to the effect that there was no fact from the investigative agency to the present court that there was no “written guarantee of identity” as stated in the facts charged. The Defendant’s signature stated in the above “written guarantee of identity” appears to be somewhat different from the Defendant’s signature stated in the passport and the lease agreement, etc., and ② the Defendant’s statement related to the “D” was received in the name of “A.”

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