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(영문) 창원지방법원 2017.04.25 2017고단1021
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

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 September 2016, 2016, the Defendant: (a) requested two bitba, in advance, to create a visa so that two persons, such as “C” and “D,” the brodings for domestic entry intermediation of visa issuance, can go to the Republic of Korea; (b) the Defendant’s passport and a photograph verifying the Defendant’s certification; and (c) the said “C” send relevant documents, such as a letter of invitation, to the EF of “EF”, a company manufacturing advanced pumps, with the aim to purchase an advanced pumps; and (d) obtain a visa necessary for the employees to visit to perform inspection and purchase procedures for machinery.

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

After that, on November 10, 2016, the Defendant applied for a short-term permanent visa (C-3-1) in the Korean consul located in the U.S. in the U.S. in the U.S., the Defendant was issued a visa illegitimately by submitting a visa issuance document, such as a letter of personal identification guarantee, invitation letter, etc., to the Defendant, which was falsely prepared to the effect that the Defendant is invited from the “FF” to the Defendant for business purposes.

Accordingly, the Defendant, in collusion with the above “C” and “D”, applied for a visa in collusion with the above “C” and “D, thereby hindering the legitimate performance of duties by a public official in charge of issuing visas belonging to a Korean consular official.

Summary of Evidence

Application of Acts and subordinate statutes on the issuance of a visa to police statement F to the defendant's legal statement of the defendant F, invitation letter, and identity guarantee letter

1. Article 137 and Article 30 of the Criminal Act (the point of obstructing the performance of public duties by fraudulent means) concerning the facts constituting an offense, Article 94 subparagraph 3 of the Immigration Control Act and Article 97-2 subparagraph 2 of the Immigration Control Act, Article 30 of the Criminal Act;

2. The Commercial Concurrent Crimes Act.

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