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(영문) 인천지방법원 2018.01.19 2017고정2719
위계공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant entered the Republic of China on May 15, 201 as the shipbuilding of the People's Republic of China on a short-term comprehensive (C-3) visa, and is staying in Korea upon obtaining permission to change the status of stay of overseas Koreans (F-4).

The Defendant, with knowledge that his family members (f-4) representing Chinese corporate enterprises may be issued to overseas Koreans (F-4). In around 2011, the Defendant forged the Chinese family members of the Chinese Ho-gu, as the representative of the “C” which is a false corporate entity, through a forged Brer, whose local name is unknown.

On July 4, 2011, the Defendant: (a) prepared an application for permission to change the status of stay located in the Dong-dong, Yangcheon-gu, Seoul Immigration Control Office in Yangcheon-gu, 151, and a report on the domestic residence of a foreign national Korean; (b) submitted to the public official in charge of the registration of foreigners in the Seoul Immigration Control Office (F-4) by submitting to the public official in charge of the registration of foreigners in the Republic of Korea, who knew of the above fact, as if the documents, such as the forged Chinese Family heading and the “C (representative of a legal entity D)” business house, the organization organization hemp certificate, the certificate of full payment of tax payment, etc., were duly established.

Accordingly, the Defendant interfered with the performance of duties by public officials in charge of foreigner registration at the Seoul Immigration Control Office.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of the relevant Acts and subordinate statutes to forged Chinese heading-gu copies and report internal investigation (such as attaching relevant documents, such as a report on suspected persons' overseas Koreans' report, etc.);

1. Relevant legal provisions concerning criminal facts, Article 137 of the Criminal Act selective punishment, and the choice of fines;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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