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창원지방법원 2020.05.29 2020고단1179

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, the Defendant, on August 12, 2014, entered the Republic of Korea as a non-professional employment (E-9) visa and continued to stay in the Republic of Korea without departure until January 16, 2020, despite the expiration of the period of sojourn as of August 28, 2019.

2. On June 2019, the Defendant: (a) filed a refugee application for an extension of the period of stay; (b) instead of being allowed to become an illegal alien; and (c) requested a person to forge a foreigner registration certificate through the Special Forgery for the purpose of using it for domestic employment on July 24, 2019; (b) sent the Defendant’s photograph, etc. to the nameless alien registration broker through the “ZALO”; and (c) inserted a pattern similar to a foreigner registration certificate in the plastic size of the real alien registration certificate into the photo page; and (d) inserted the Defendant’s photograph into the photo page, “B” in the name column, “A” in the name column, “B,” “VENM in the country column,” “Marriage alien status column (F-6),” and “the head of the Immigration Office” in the issue date column.

Accordingly, the defendant, in collusion with the above Brazil, forged one foreign registration certificate for the defendant who was under the name of the head of the Changwon Immigration Office for the purpose of exercising.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes to an accusation or copy of foreigner registration certificate;

1. Relevant Article 225 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Article 94 subparagraph 7 of the Immigration Control Act, and Article 17 (1) of the Immigration Control Act (the point exceeding the duration of stay and the choice of imprisonment);

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 in cases where the defendant misleads the defendant and reflects

1. Confiscation of the Criminal Act;