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(영문) 인천지방법원 부천지원 2015.11.13 2015고단2613
여권법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On June 2002, the Defendant forged documents related to the Chinese family register as if the Defendant was the Defendant C (C, D) through his name in China, and entered Korea on June 11, 2002 with the first Chinese nationality passport in the name of C, 1947. On March 30, 2006, the Defendant submitted an application for the recovery of nationality of the Republic of Korea to the Ministry of Justice and the Defendant as C on May 19, 2008 and submitted an application for the recovery of nationality of the Republic of Korea to the Republic of Korea on May 19, 2008.

No one shall enter false facts in documents submitted to have a passport issued or reissued, or perform any act to have a passport issued or reissued by other unlawful means.

Nevertheless, around March 15, 2012, the defendant prepared an application for the reissuance of a false fact as if he were C in Geumcheon-gu Seoul Metropolitan Government's 1947 students at Geumcheon-gu Office, and submitted it to the public official in charge of issuance of a passport who knows such fact, and received C's passport ( passport number) from the public official in charge of the issuance of a passport around March 16, 2012.

As a result, the defendant received the reissuance of a passport by unlawful means, such as stating false facts in the application form.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application for reissuance of a passport, passport issuance records, inquiry note, and passport issuance;

1. Application of Acts and subordinate statutes to data registered as foreigners by stealing the identity of the suspect in the Republic of Korea, a certified copy of the suspect's resident registration, a beneficiary certificate, a Chinese identification card, a basic certificate, a family relation certificate, a marriage relation certificate, a certified copy and abstract of the resident registration;

1. Relevant Article of the Criminal Act and Article 24 and subparagraph 1 of Article 16 of the former Passport Act (amended by Act No. 12274, Jan. 21, 2014) for the option of criminal facts;

1. Article 62 (1) of the Criminal Act (including the fact that the defendant reflects his fault, etc.);

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