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(영문) 서울중앙지방법원 2013.07.12 2013고정1884
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant was a member of the Diplomatic Association in Seodaemun-gu Seoul.

No one shall invite a foreigner by unlawful means, such as a false statement of fact or a false fidelity guarantee, in order to allow the foreigner to enter the Republic of Korea, or arrange the invitation thereof.

Nevertheless, the defendant, a Myanmar who visited Korea around the end of 2010, asked the invitation of local readers for missionary work purposes, with the aim of obtaining a visa that can be long-term stay from a university, led to the invitation of Myanmars as if they were for study purposes.

Around July 2011, the Defendant requested E to invite F (n, G) by e-mail, and requested it, and the fact was not a university called H, and even if the Ministry of Education, Science and Technology did not obtain a regular authorization from the Ministry of Education, Science and Technology, as if the Myanmar was a four-year university, the Defendant voluntarily prepared a letter of invitation, standard admission permit, registration fee payment certificate, etc., to invite F (G) who is a Myanmar as a student with the fourth-year course of study, as if it was a four-year university that has obtained a regular authorization from the Ministry of Education, Science and Technology.

On August 1, 2011, the Defendant falsely invited four persons who are Myanmar from August 19, 201 to June 18, 2012, including: (a) the invitation letter, standard admission permit, etc. stating the aforementioned false fact, which was notarized by the International Law Office of Law Firm I in Yangcheon-gu Seoul Metropolitan Government; and (b) sending it to Myanmar via international mail; and (c) ordering F to make a false application for visa to the Korean Embassy in the State of Myanmar on August 19, 201; and (d) allowing F to make a false application for visa to the Korean Embassy in the State of Myanmar;

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of each of the F, J, and K;

1. Descriptions of a copy of application documents;

1. Application of Acts and subordinate statutes to record registered foreigners;

1. Article 94 subparagraph 3 of the Immigration Control Act and subparagraph 1 of Article 7-2 of the same Act concerning the facts constituting an offense;

1. The Commercial Concurrent Crimes Act.

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