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(영문) 서울중앙지방법원 2018.10.31 2018고단5020 (1)
출입국관리법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall file an application by improper means, such as submitting an application, etc. stating false facts in connection with an application for permission following obtaining status of stay or changing status of stay.

Nevertheless, the Defendant, using the “pre-application system for technical education on job visit”, was in charge of withdrawing duties, etc. at C Private Institutes located in Gangnam-gu Seoul, Gangnam-gu, Seoul, on June 2017.

D In collusion with D, even though the fact did not complete technical education necessary for the issuance of a visa for visiting employment from June 5, 2017 to July 14, 2017, it was issued “written recommendation for changing the eligibility for visiting employment” by the above Korean educational support group, by transmitting the fabricated contents as if the education was completed normally during the pertinent period to the Korean educational support group, which was an incorporated association, and was issued by the said Korean educational support group.

Then, the Defendant was issued a visa (H-2) for visiting July 18, 2017 by submitting the aforementioned false statement to the Korea Immigration Agency located in Yangcheon-gu Seoul Metropolitan Government Dong-dong 151.

As a result, the Defendant submitted an application stating false facts to apply for the change of status of stay by unlawful means, and received from the Republic of Korea employment visa, and obstructed the performance of duties of the public official on visiting employment (H-2) by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (execution result of written permission for communications); and

1. Application of Acts and subordinate statutes to accusation an immigration offender (No. 100 times a moment);

1. Article 94 subparagraph 2 of the relevant Article 94 of the Immigration Control Act, Article 26 subparagraph 1 of the same Article, Article 24 (1) of the same Act, Article 30 of the Criminal Act (the point of applying for permission to change the status of stay by improper means), Articles 137 and 30 of the Criminal Act concerning a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is committed by a foreigner.

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