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(영문) 창원지방법원 2016.10.14 2016고단2914
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

1. The Defendant of the obstruction of performance of official duties by fraudulent means is KIKOs that entered the visa by visiting (H-2) on June 22, 2016.

On June 3, 2016, the Defendant: (a) granted USD 3,00 to the Korean Embassy located in Dazzist C; (b) the Defendant’s father and mother did not take care of the “competing person”; (c) issued a forged birth certificate with the Defendant’s father and mother’s considered; (d) submitted an application for visa issuance and submitted a false birth certificate with the documents attached thereto, and received a visa for visiting employment (H-2) issued only to the Chinese and Guargist region Koreans.

Accordingly, the defendant, in collusion with a person in a false name, interfered with legitimate performance of duties related to the issuance of visas by a public official in charge of visa issuance by the Embassy of the Republic of Korea.

2. Although a person violating the Immigration Control Act did not make a false application for a visa or a visa issuance certificate or arrange such application, the Defendant conspiredd with an unqualified person in collusion with the above time and place as set forth in the preceding paragraph for recognition of the issuance of a false visa by using a forged birth certificate.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation against an immigration offender;

1. The criminal place;

1. Copy of the police statement concerning D;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment to records related to entry or departure of a suspected suspect), report on internal investigation (all of the application documents for the issuance of a visa for a suspected suspect), investigation report (a disagreement between the birth certificate and the criminal record certificate);

1. The point of applying for a false visa for the relevant criminal facts: Article 94 subparagraph 3 of the Immigration Control Act, Article 7-2 subparagraph 2 of the same Act, and Article 30 of the Criminal Act: Articles 137 and 30 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the same Act.

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