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(영문) 의정부지방법원 2014.12.10 2014고단3676
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 the nationality of Apististan who entered the Republic of Korea on August 26, 2013 and works as a park from the D's enterprise located in Yangju-si C in Gyeonggi-do.

In fact, even though the defendant was employed in the Republic of Korea and was able to obtain a visa by pretending that he was invited for business purposes as a related tool to work in the textile business, and to enter the Republic of Korea and work in the Republic of Korea.

On August 11, 2013, the Defendant conspireds with E and F, a false invitation letter and visa issuance application document to the effect that “The H and business located in Gyeonggi-do Yang-si, is scheduled” in the Korean consular missions located in the Republic of Korea on August 2, 2013, the Defendant submitted it to a public official in a name-free situation in charge of visa issuance who is unaware of the fact as if the application document was genuinely prepared, and the Defendant was issued a short-term visa (C31) visa by the said public official on or around the 19th of the same month, and entered the Republic of Korea through the Incheon International Airport on or around the 26th of the same month.

As a result, the Defendant conspired with E and F in sequence, thereby hindering legitimate execution of duties concerning visa issuance duties of a public official in charge of visa issuance duties belonging to the Korean consular official in charge of the Republic of Korea consular official who is two fabs through fraudulent means

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against I and F;

1. Police investigation report;

1. A written accusation;

1. Application of Acts and subordinate statutes to an individual, an application for visa issuance, a written statement, a guarantee, an invitation letter, a registered foreigners card, a foreign registration certificate, a passport copy, and a visa application document submitted by the defendant;

1. Relevant Article 137 of the Criminal Act for the crime (the point of obstruction of performance of official duties by fraudulent means) and Article 94 Subparag. 3 and Article 7-2 of the former Immigration Control Act (amended by Act No. 12195, Jan. 7, 2014)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;

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