A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant's wife is not the relative of the President, but not only the senior public official of the Ministry of Justice, but also the defendant has no ability to obtain the visa from the victim C even if he receives money from the victim C, the defendant has no intention or ability to obtain the visa from the illegal aliens.

1. On January 2010, the Defendant issued a visa to the victim C in front of the factory located in Scheon-si D, stating that “The wife in Korea is in a marital relationship with the E President and is well aware of the Ministry of Justice senior public officials of the Ministry of Justice within one year, who will be issued a visa within one year.” The Defendant received 15 million won from the victim, i.e., at the victim’s seat, and acquired it by deception.

2. On August 12, 2010, the Defendant phoneed the victim C, and received a visa from the victim C, stating that “The Defendant would be issued with respect to two spouses among the above illegal aliens. It would transfer the sum of KRW 3 million per capita to the sum of KRW 6 million.” The Defendant received KRW 6 million from the said victim to the Defendant’s agricultural bank account on the same day.

3. On April 28, 2011, the Defendant called the Victim C by phoneing the victim, stating that “The Defendant would be issued a visa to the rest of one woman-friendly group among the aforementioned illegal aliens,” and that “a remittance of KRW 3 million shall be made.” The Defendant received KRW 3 million from the victim to the Defendant’s national bank account on the same day.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A copy of bankbook;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (each fraud point and each choice of imprisonment with prison labor);

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is against the Defendant’s acknowledgement of his mistake as the primary offender. However, the instant crime is against the Defendant’s visa.