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(영문) 인천지방법원 2019.05.09 2019고단1916
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. Notwithstanding the fact that a foreigner violating the Immigration Control Act is able to stay in the Republic of Korea within the scope of his/her status of sojourn and the period of sojourn, the Defendant entered the Republic of Korea as a non-professional employment (E-9) status on August 20, 2013 and stayed in the Republic of Korea by March 20, 2019 without obtaining permission for extension, despite the expiration of the period of sojourn on June 19, 2018.

Accordingly, the defendant stayed in Korea without status of stay.

2. On February 27, 2019, the Defendant: (a) reported an advertisement that “a counterfeited foreigner registration certificate” was made in the early police officer B in the early 2019; and (b) requested that a forged foreigner registration certificate in the name of the Defendant be made by forwarding the Defendant’s photograph to the Vietnamese 8 million won (Korean KRW 400,000) through mobile Mescher; and (c) the forged business operator in the name of the forgery stated that “D”, “A”, “A”, “resident status”, and “date of issuance” on the plastic card in the form of a foreign registration certificate, and then sent a foreign registration certificate to the Defendant through international mail by printing the photograph transmitted by the Defendant.

Accordingly, the defendant, in collusion with the above-mentioned foreigner registration certificate forgery business operator, forged one foreign registration certificate under the name of the head of the Ansan Immigration Office, an official document.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. A written accusation;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

1. Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act (the occupation of illegal stay and the choice of imprisonment), Articles 225 and 30 of the Criminal Act concerning the facts constituting an offense;

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;

1. It is so ordered as per Disposition for the reasons under Article 48(1)2 of the Criminal Act.

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