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Defendant shall be punished by a fine of two million won.
If the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The Defendant is a person who operates the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Office of Administrative Agent, “C,” located near the Yeongdeungpo-gu Office.
On June 6, 2017, the Defendant would allow the victim E who was introduced through D to be issued a replacement of 100% of the E-7 visa at D10 visa when paying KRW 20 million.
A false statement was made to the effect that “I would refund the amount in full unless the visa is issued.”
However, since the victim at the time had already lost status of stay, it is impossible to change the status of stay itself, the defendant had no intention or ability to change the visa of the victim to D10 visa, and even if the visa is not changed, there was no intention or ability to fully refund the above amount.
Nevertheless, on June 7, 2017, the Defendant: (a) by deceiving the victim; (b) received KRW 2 million from the injured party via D through D in the nearest area of Eunpyeong-gu Seoul Metropolitan Government F on or around June 7, 2017; and (c) continued to receive additional KRW 300,000 through G under the pretext of changing his/her domicile on or around June 14, 2017.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of the police officers of the accused;
1. Each police statement made to E, D, G, and H;
1. Application of Acts and subordinate statutes to investigation reports (I telephone investigation, questioning as to whether it is possible to change the immigration control office, and reply);
1. Article 347 (1) and Article 344 (1) of the Criminal Act concerning the facts constituting an offense;
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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;