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(영문) 수원지방법원 평택지원 2019.10.18 2019고정60
위계공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a foreigner of the Republic of Korea, who entered the Republic of Korea using a visa on October 26, 2015, by drawing up employment in visiting employment (H-2-5).

The Defendant, knowing that the visa was issued only to Chinese and Gu training regions Koreans, had the mind to apply for a visa in an unlawful way to the Embassy of the Republic of Korea in KIKO, via “B,” a so-called “B,” which is an kistan’s active activity in the Republic of Korea.

In fact, even though the name of the Defendant’s mother is “C”, “D”, and “L,” the Defendant received a forged birth certificate from “B” on September 2015, where the name of the Defendant’s mother was written as “F” by the national of “F” on the condition that the Defendant would pay USD 7,000 to “B.”

피고인은 2015. 10. 14. 키르기스스탄 비쉬켁 아크훈바예브 35번가에 있는 대한민국 대사관에서 방문취업 추첨방취(H-2-5) 사증 발급 신청을 하면서 마치 피고인이 고려인의 후손인 것처럼 위와 같이 위조된 피고인 모의 출생증명서를 외국인 사증 발급을 담당하는 공무원에게 첨부서류로 제출하여 위 사증을 발급받았다.

Accordingly, in collusion with B, the Defendant interfered with the legitimate execution of duties by public officials in charge of issuing visas to foreigners working at the Embassy of the Republic of Korea of KIKO by deceptive means.

Summary of Evidence

1. Partial statement of the defendant;

1. A copy of the application for visa issuance (Evidence Nos. 30);

1. The Defendant and the defense counsel asserted to the effect that there was no intention on the instant crime, on the grounds that B had been issued a visa by unlawful means, such as forging the birth certificate of the mother of the Defendant, the photographic photograph of the original birth certificate, the translation of the original birth certificate, the copy of the forged birth certificate, and the translation of the forged birth certificate (Evidence 33 through 36).

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