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(영문) 창원지방법원 2019.05.29 2019고단1191
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

No one shall apply for a visa or a visa issuance certificate, or arrange for such application, to allow an alien to enter the Republic of Korea.

The Defendant, with knowledge of the fact that the Defendant is a foreigner of Pakistan nationality, was unable to obtain a visa of a foreign country as a legitimate procedure, had the Defendant issued a visa of a foreign country through an immigration broker broker.

Around 2017, the Defendant responded to the proposal that “I will be issued a visa allowing entry into the Republic of Korea instead of paying a monthly salary of six months (at least six million won in Korean Won) to which I would go to the Party,” from B, a hub for mediating entry into and departure from the Republic of Korea.”

B sought necessary documents for the visa of a foreigner subject to invitation, such as a letter of invitation, the reason for invitation, and a letter of fidelity guarantee, under the name of "D" operated by C who sells a second-hand mobile phone by an indeterminate means, and delivered them to the defendant.

Around September 28, 2017, the Defendant applied for a short-term visit visa (C-3-4) with respect to the Defendant in the U.S. official of the Republic of Korea, and was issued a visa unlawfully by submitting documents necessary for the issuance of the visa, such as a false visa issuance application, to the effect that “to enter the company of the trade name, i.e., selling high-speed cell phones in Korea” to the public official in charge of a false name-free visa (C-3-4) working therefor, and the letter of invitation to the Defendant delivered from B.

Accordingly, in collusion with B, the Defendant applied for a visa in collusion with B to interfere with legitimate execution of duties concerning the visa issuance review by a public official in charge of the issuance of visa belonging to the Korean consular official, and to enter the Republic of Korea at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of interrogation of the accused.

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