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(영문) 대구지방법원 서부지원 2017.02.10 2016고단542
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Defendant is a foreigner of Cambodia’s nationality, and foreign workers seeking to enter the Republic of Korea in Cambodia, who intend to obtain employment in the Republic of Korea, are not easy to select by way of drawing at the labor office of the Republic of Korea, so it is not easy to select by the competent labor office of the Republic of Korea. Therefore, Defendant was willing to enter the Republic of Korea by forging the Cambodia’s Diplomatic Passport through entry Brazil

1. Around May 2013, the Defendant: (a) conspiredd to forge his name and non-entry brocon in Cambodia; and (b) as if the Defendant was a diplomat in Cambodia, the Defendant sent 7,50 U.S. dollars and 6 copies of Defendant’s passport photograph to the said entry brocon.

On July 11, 2013, at the Incheon Airport located in Jung-gu Incheon, Jung-gu, Incheon, the Defendant entered the Republic of Korea, and submitted to the public official in charge of entry inspection as if he were a true passport and passed an entry inspection.

Accordingly, the defendant interfered with legitimate performance of duties concerning entry inspection duties of public officials in charge of public officials working at the Incheon Airport Immigration Management Office by deceptive means.

2. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period.

Nevertheless, on July 11, 2013, the Defendant forged the Cambodia’s Diplomatic Passport (No. C) and went through the Incheon Airport, and stayed in Korea on February 22, 2016, such as working as an employee in the Daegu-gun Dial Eup, etc.

Summary of Evidence

1. A protocol concerning the examination of the suspect of the police on February 22, 2016 against the accused;

1. A investigation report (record, etc. of foreigner registration at the time of entry);

1. Police seizure records (A passport);

1. Investigative cooperation and replies ( alien record plates, entry declarations, and individual entry or departure status);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 137 of the Criminal Act and Article 94 of the Immigration Control Act regarding criminal facts.

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