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(영문) 창원지방법원 2020.07.22 2020고단1812
공문서위조등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Any foreigner who violates the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and period of sojourn;

Nevertheless, the Defendant, on February 28, 2013, entered the Republic of Korea as non-professional employment (E-9-1) visa and continued to stay in the Republic of Korea without departure until June 8, 2020, despite the expiration of the period of stay as of February 5, 2016.

2. On October 30, 2019, the Defendant forged official document: (a) had the intent to forge a foreigner registration certificate through a professional forgery book for the purpose of using it for domestic employment at a scarcity in Busan (hereinafter referred to as the “Seo-gu”); (b) had the Defendant sent the Defendant’s photograph and the actual alien registration certificate to the SNS page; (c) had the Defendant’s photograph and the de facto alien registration certificate printed in a pattern similar to the foreigner registration certificate on the actual size of the foreigner registration certificate; and (d) had the Defendant’s photograph written in the photo column, “B” in the photo column, “B” in the name column, “VIENM” in the country column, “B” in the name column, “B-6.05” in the issue date; and (e) stated “F-6.05” in the issuer column, “the head of the U.S. Immigration Office”, and “the expiration date date of the period of stay” in the column.

Accordingly, the defendant, in collusion with the above Brazil, forged one foreign registration certificate for the defendant who was under the name of the head of the Ansan Immigration Office for the purpose of exercising.

Summary of Evidence

1. Defendant's legal statement;

1. Documents requested for accusation, the written accusation, the details of hosting, etc.;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Article 94 Subparag. 7 of the Immigration Control Act, Article 17(1) of the Immigration Control Act (the violation of the Immigration Control Act), Articles 225 and 30 of the Criminal Act, the choice of imprisonment with labor for the crime;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders committed an unlawful stay in the Republic of Korea for more than four years, and to the professional ropiers.

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