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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
The Defendant is a foreigner of Pakistan nationality, who entered the Republic of Korea on September 18, 2018 as a visa for short-term visits to sojourn status (C-3-4) and changed the status of stay to other (G-1-5) on October 25, 2018 upon an application for refugee status on October 25, 2018, and has the status of stay valid until October 1, 2019.
On May 17, 2018, the Defendant knew that he was unable to obtain employment by entering the Republic of Korea in a normal way, and submitted to the public official in charge of the issuance of a letter of invitation to issue a visa, a letter of fidelity guarantee, etc. 15 million won in consideration of a false document, such as a letter of invitation, a letter of fidelity guarantee, etc., in return for a visa issuance to the bromoer. Accordingly, the Defendant, at around that time, he/she wanted to enter the overseas business team D of the Co., Ltd. to purchase a large volume of paper in Korea by accessing Korea. On July 17, 2018, the Defendant received an English letter of invitation, English letter of fidelity guarantee, etc. from the Co., Ltd., Ltd., and submitted to the public official in charge of the issuance of the letter of fidelity guarantee and the letter of invitation, etc., written in order to obtain a visa to enter the Republic of Korea.
As a result, the Defendant conspired with Brazil, thereby obstructing the legitimate performance of duties by public officials in charge of the issuance of visas belonging to the Embassy of the Republic of Pakistan by deceptive means, and simultaneously applying for a visa falsely.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The invitation place, a letter of fidelity guarantee, an application for visa issuance, a business registration certificate, a registered foreigners card, and the entry or departure of individuals;
1. Application of the statutes requesting an accusation;
1. Article 94 subparagraph 3 of the Immigration Control Act, Article 7-2 subparagraph 2 of the same Act, Article 30 of the Criminal Act, and Articles 137 and 30 of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 of the Criminal Act: