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(영문) 인천지방법원 2019.05.09 2019고단1278
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 March 8, 2017, the Defendant entered the Republic of Korea as a visa for the Korean Language Training (D-41) and continued to stay in the Republic of Korea on January 18, 2018 without departure until March 1, 2019, despite the expiration of the period of stay.

2. On January 18, 2018, the Defendant: (a) had the intent to request “B (B)” (hereinafter “B”) to forge a foreigner registration certificate; (b) had the mobile phone used on or around February 10, 2019; (c) had the mobile phone forged a foreigner registration certificate; (d) had the Defendant sent a photograph of the Defendant’s identification; (c) had the volume similar to the foreigner registration certificate in the actual size of the foreigner registration certificate, inserted the photograph of the Defendant sent in the photograph of the actual size of the foreigner registration certificate in the photograph; and (d) had the photograph of the Defendant so transmitted in the photo column, “C” in the name column, “VENM” in the name column, “VENM” in the national region; and (e) had the date of issuance “B” entered “B” in “B” in the column of the issuance; and (f) “B” in the column of the issuance; and (f) had the Defendant’s place of stay in the name “B” in the name of the Defendant.

Accordingly, the Defendant, in collusion with the above “B”, forged one foreign registration certificate for the Defendant who was under the name of the head of the Chuncheon Immigration Office for the purpose of exercising the right.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Accusation of an immigration offender;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

1. Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act (the occupation of illegal stay and the choice of imprisonment), Articles 225 and 30 of the Criminal Act concerning the facts constituting an offense;

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. Confiscation of the Criminal Act;

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