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(영문) 창원지방법원 2016.12.09 2016고단3869
위계공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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

On April 17, 2000, the Defendant returned to the Republic of Korea on March 18, 2005 after entering the Republic of Korea as an industrial trainee and working in a manufacturer, and on March 18, 2005.

On December 3, 2006, the Defendant thought that it is difficult for the Defendant to re-examine as industrial trainee due to his age, and had the Defendant’s actual date of birth changed “C” to “D,” and had the Defendant’s actual date of birth enter the Republic of Korea in Bangladesh with intent to re-entry into the Republic of Korea at around 2006, and had the date of birth changed to D’s “D” arbitrarily by an French method, and entered the Republic of Korea on December 18, 2006.

1. Obstruction of the performance of official duties by fraudulent means concerning visa applications;

A. On December 14, 2009, the Defendant, who committed the crime of January 17, 2010, returned to the Republic of Korea on the expiration of the period of stay on December 14, 2009, issued a visa using the above name passport, and caused the mind for re-entry into the Republic of Korea.

On January 17, 2010, the Defendant applied for employment visa holders (E-9) at the Embassy of the Republic of Korea at the Embassy of the Republic of Korea in Bangladesh on January 17, 2010, and was issued a visa to a public official in charge of issuing visa issuance by submitting a false passport (a passport number) with which the date of birth has been arbitrarily changed to D.

Accordingly, the Defendant interfered with the legitimate execution of duties by public officials in charge of visa issuance who belong to the Embassy of the Republic of Korea in Bangladesh through deceptive means.

B. Upon the expiration of the period of stay on February 6, 2013, the Defendant returned from Bangladesh to the Republic of Korea on March 12, 2013, the Defendant obtained a visa using the name passport, and caused the mind to re-entry into the Republic of Korea.

On March 12, 2013, the Defendant applied for a non-professional employment visa (E-9) at the Embassy of the Republic of Korea of Bangladesh on March 12, 2013, and submitted a visa to the public official in charge of issuing the visa, by submitting the passport (a passport number) with which the date of birth has been arbitrarily changed to D.

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