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(영문) 창원지방법원 2018.05.30 2018고단752
출입국관리법위반
Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant, in violation of Article 7-2 subparag. 2 of the Immigration Control Act, intended to enter the Republic of Korea and engage in job-seeking activities, but was unable to obtain a non-professional employment visa due to the lack of the record of the Korean language test necessary to issue a non-professional employment visa (E-9), upon receipt of a general training visa (D-4) around October 2013, the Defendant introduced “D” as a hub for the issuance of a visa from the native-dong “C” who entered the Republic of Korea, and the fact was found to have entered the Republic of Korea for the training of fish, even though the Defendant intended to engage in job-seeking activities, and was found to have been issued a general training visa (D-4).

On October 2013, the Defendant issued USD 2,00 in advance to “D” in Vietnam for the issuance of visa and passport, sexual certificate, graduation certificate, etc. necessary for the issuance of general training visa (D-4), and received from “D” related documents, such as a standard admission permit, etc., such as a written application for a general visa (D-4), and applied for a general training visa (D-4) from the general official of the Republic of Korea consular missions of the Republic of Korea located in Vietnam on January 2, 2014. Around January 22, 2014, the Defendant was issued a general training visa (D-4) from the general official of the Republic of Korea consular missions of the Republic of Korea from the Republic of Korea consular missions of the Republic of Korea on the above State consular missions.

Accordingly, the defendant conspiredd with D's ‘D' and filed a false visa.

2. On January 23, 2014, the Defendant, in violation of Article 17(1) of the Immigration Control Act, entered the Republic of Korea using the above general training visa (D-4) and stayed in Daegu, Ulsan, and Changwon, until March 28, 2018, despite the expiration of the relevant period of sojourn on July 23, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 94 subparagraph 3 of the relevant Article of the Immigration Control Act and Article 7-2 subparagraph 2 of the same Act, Article 30 of the Criminal Act, Article 94 subparagraph 7 of the Immigration Control Act, and Article 17 (1) of the Immigration Control Act, and imprisonment with prison labor for a crime committed;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. The sentencing of Article 62(1) of the Criminal Act is due to the suspended sentence.

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