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(영문) 인천지방법원 2019.09.05 2019고단5071
공문서위조등
Text

A defendant shall be punished by imprisonment for six 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. Any foreigner who violates the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and period of sojourn;

Nevertheless, on December 17, 2013, the Defendant continued to reside in the Republic of Korea without departing from the Republic of Korea until July 27, 2019, despite the expiration of the period of stay as of December 16, 2017 after entering the Republic of Korea as a visa for a domestic vessel (E-10).

2. On July 2019, the Defendant: (a) had the intent to forge a foreigner registration certificate through a professional charge for fabrication that does not facilitate domestic employment of illegal aliens; (b) requested the Defendant’s photograph, etc. to the “C”, which was known through B in the middle of July 2019; (c) sent the Defendant’s photograph, etc.; and (d) inserted the Defendant’s photograph into the plastic of the size of the real foreigner registration certificate into the plastic of the size of the real foreigner registration certificate, through a single charge for fabrication; and (d) inserted the Defendant’s photograph into the plastic of the size of the real foreigner registration certificate into the plastic of the size of the certificate; and (e) inserted the photograph in the photograph column, “D” in the name column, “A” in the national territory, “VENAM” in the name column, and “IENM” in the issuance date column, respectively.

Accordingly, the defendant, in collusion with the above 'C', forged one foreign registration certificate for the defendant who became the head of Ansan branch office in the name of the Incheon Immigration Office for the purpose of exercising.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes on accusation to immigration offenders;

1. Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act (the point of illegal stay and the choice of imprisonment), Articles 225 and 30 of the Criminal Act (the point of Article 94 of the Immigration Control Act) concerning the relevant criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 48(1)2 of the Criminal Act of confiscation;

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