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(영문) 창원지방법원 2018.04.06 2018고단435
출입국관리법위반등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has been granted permission to stay until March 11, 2018, by changing his/her nationality to a refugee status (G-1-5) upon an application for refugee status on March 8, 2016, when entering the Republic of Pakistan for a short-term general stay status (C-3-1) on a short-term stay status (C-3-1).

The Defendant, using the invitation letter of a company of the Republic of Korea, which was forged through a well-known domestic immigration hub, issued a visa pretended as if the company was invited in Korea for business purposes, and had the Defendant enter the Republic of Korea to engage in job-seeking activities.

On February 21, 2016, the Defendant filed an application for visa to enter the Republic of Korea consular officials located in the Republic of Korea located in the U.S., and submitted an application for visa issuance to a public official in charge of name unknown of the forgery, attaching a letter of invitation under the name of D Representative E, to the public official in charge of name unknown of the forgery.

Accordingly, the defendant, in collusion with the name-free entry or departure hub in Korea, exercised the invitation letter of a forged DNA E, applied for a false visa to enter Korea, and obstructed legitimate execution of duties related to the visa issuance of a public official in charge of visa issuance by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (Attachment of Bracker's land category photographs), each internal investigation report (to telephone conversations between the inviter E and telephone listening of the inviter E);

1. A list of personal immigration status and registered alien records;

1. Documents sent to the Korean consulate General (a visa issuance application and invitation letter) in the Republic of Korea;

1. Application of Acts and subordinate statutes on accusation at a request of an investigative agency;

1. Article 234 and Article 231 of the Criminal Act (the use of the aforementioned investigation document), Article 94 subparagraph 3 of the Immigration Control Act, subparagraph 2 of Article 7-2 of the Immigration Control Act (the use of a false visa) and Article 137 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are many defendants.

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