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(영문) 서울중앙지방법원 2016.06.03 2016고단1096
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Although the Defendant intended to enter the Republic of Korea for economic purposes as a person of Pakistan nationality, he was unable to obtain entry permission in a normal way, the Defendant was willing to obtain a false visa from the Republic of Korea, such as requesting C, who is an entry hub, to obtain a visa from the Republic of Korea, and promising to give money in return.

On September 23, 2014, the Defendant requested for visa issuance to C to enter the Republic of Korea, and promised C to pay 400,000,000,000,000,000,000,000,000,000 won. On January 22, 2015, C submitted a letter of invitation to the name of KPS Co., Ltd. at the Embassy of the Republic of Korea located in Pakistan prior to the forgery of the Defendant’s business invitation to Korea, and applied for a visa issuance to the Defendant around January 23, 2015, and the Defendant received the visa issuance from C in return for the visa issuance at the end of January 2015 (the exchange rate base on January 30, 2015, and KRW 431,00,00).

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Submission of a statement on verification of whether the person has invited Pakistan;

1. Documents related to the visa of the defendant;

1. Status of individual entry or departure;

1. Application of Acts and subordinate statutes on accusation to immigration offenders;

1. Article 94 subparagraph 3 of the relevant Act, Article 94 and subparagraph 2 of Article 7-2 of the Immigration Control Act, Article 30 of the Criminal Act, and selection of imprisonment for a crime;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act (hereinafter, as well as favorable circumstances for sentencing), the sentence identical to the order shall be determined in full view of all the circumstances constituting the sentencing conditions indicated in the instant records, including the following circumstances and the Defendants’ age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime.

Unfavorable circumstances: The instant crime committed by having entered the Republic of Korea by having filed a false visa.

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