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(영문) 의정부지방법원 2017.06.12 2017고단1513
출입국관리법위반등
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court on July 21, 2016, and the execution of the sentence was terminated on September 10, 2016. On February 3, 2017, the Seoul Central District Court sentenced 8 months of imprisonment for occupational embezzlement and 2 years of suspended execution on February 11, 2017.

1. Defendant A

(a) No person shall apply for a false visa or visa issuance certificate, or arrange for such application, to allow any alien to enter the Republic of Korea;

Nevertheless, the Defendant, in collusion with his nameless brokis, had the intent to enter the Republic of Korea with false invitation from the domestic company and work without returning to Korea. On December 2, 2016, the Defendant was issued a visa to the short-term general public (C31 and business visits) by submitting to the staff of the U.S. consular official of the Republic of Korea, a false invitation letter, and other documents for visa issuance in the name of the U.S. on December 22, 2016, stating as if he was invited to purchase hydrogen water purifiers from E, a corporation which does not actually engage in the water purifier business through the above brokis.

2) If a foreigner intends to find a job in the Republic of Korea, he/she must obtain the status of stay that allows employment, as prescribed by Presidential Decree.

Nevertheless, the Defendant entered the Republic of Korea through the Incheon Airport on January 18, 2017, and did not obtain the status of stay that allows a domestic company to work after having entered the Republic of Korea, but was employed in G in the Gyeonggi-si on January 23, 2017, and worked in the said G from that time until March 30, 2017.

B. The Defendant interfered with the performance of official duties in a deceptive scheme shall enter the Republic of Korea as described in the foregoing paragraph (a).

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