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(영문) 창원지방법원 2017.05.23 2017고단1098
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

1. No person who interferes with the performance of public services by deceptive means and violates the Immigration Control Act shall apply for a false visa or visa issuance certificate, or assist such application;

Although the fact that the defendant was a foreigner of Pakistanan nationality was a plan to enter the Republic of Korea to apply for refugee status, the defendant was willing to enter the Republic of Korea with a visa issued by pretending as if he was invited for business purposes.

On October 2016, the Defendant requested “C” to make a visa available for visa issuance to the Republic of Korea from the name of “C”, a local bromoer, a false visa issuance, in the U.S. E., and the Defendant’s passport and/or photographed photographed, the Defendant’s photographed the Defendant’s photographed, and the said “C” to the E-employee in charge of overseas trade of “D”, a business entity manufacturing Aluminum voltages.

Transmission of relevant documents, such as a letter of invitation necessary for obtaining a visa, to enable a person in charge of purchase to visit;

the defendant's passport was sent and the invitation letter, etc. was sent.

On November 6, 2016, when the Defendant applied for a short-term visa (C-3-1) in the Korean consul located in the U.S. in the U.S., the Defendant illegally issued a visa by submitting documents for visa issuance, such as a letter of personal identity guarantee and a letter of invitation, to the Defendant, who falsely prepared to the effect that he/she is invited from “C” to the Defendant for business purposes, to the public official in charge of issuing the visa.

As a result, the Defendant, in collusion with the above “C”, obstructed the legitimate performance of duties by the public official in charge of issuing visas belonging to the Korean consular official, and simultaneously received a visa from the Republic of Korea by filing a false application.

2. If a foreigner violates the Immigration Control Act intends to continue to sojourn in excess of the period of sojourn, he/she shall obtain permission for extension of the period of sojourn from the Minister of Justice;

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