A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant entered the Republic of Korea on March 31, 2016 as a foreigner of KIKOistan nationality, for visiting the status of stay (H-2) and employment on March 31, 2016, and the period of stay expires as of March 31, 2019.

1. On September 2015, the Defendant violated the Immigration Control Act due to the obstruction of performance of official duties by fraudulent means or the application for false visa, with the knowledge that he/she is unable to find employment by entering the Republic of Korea in a normal way, and submitted a false birth certificate to the Defendant as an accompanying document to the visa issuance application form, even though he/she is not a son of the considerationr, and the Defendant was issued a visiting employment visa (H-2) issued to the lineal descendants of Korean in foreign nationality (H-2). Accordingly, on March 201, 2016, Brers forged the Defendant’s birth certificate, etc. of the Defendant and the Defendant’s mother to the Defendant.

On March 2, 2016, at the Embassy of the Republic of Korea, the Defendant filed an application for visa to enter the Republic of Korea, and submitted an application for visa issuance to a public official in charge of not knowledge of the aforementioned circumstances along with a forged birth certificate, etc. obtained from Brazil.

Accordingly, the defendant, in collusion with Brazil, applied for a visa by fraudulent means, at the same time interfering with the legitimate performance of duties of the public official in charge of visa issuance belonging to the Embassy of the Republic of Korea.

2. On March 31, 2016, the Defendant violated the Immigration Control Act due to illegal stay entered the Republic of Korea with a visa for visiting employment (H-2) and continued to stay without departure from the Republic of Korea despite the expiration of the period of sojourn as of March 31, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the application for visa issuance;

1. Application of immigration Acts and subordinate statutes to individuals;

1. Relevant Articles 137(1) and 30 of the Criminal Act concerning criminal facts (the point of obstruction of performance of justice by fraudulent means).