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.

Punishment of the crime

On October 19, 2010, the Defendant, a Vietnamese national foreigner, entered the Republic of Korea as non-professional employment (E-9).

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

Nevertheless, even though the period of stay expires on August 19, 2015, the Defendant was staying in the Republic of Korea by July 9, 2019 without departing from Korea.

2. On June 2019, the Defendant forged public document documents with a view to: (a) 600,000 won in Korean language to the first name “B,” which is a special book for fabrication of a foreign registration certificate; and (b) referring to mobile phone Messensenger, and then transmitting Defendant’s photograph, name, etc. to the above “B,” using the mobile phone Messenger,” and “B, using the same plastic as the size of a foreign registration certificate, printed and inserted Defendant’s photograph in the photo column; (c) in the name column, “A”; (d) in the name column; (e) VIENM in the nationality column; and (e) in the stay column, in collusion with the said “B,” the Defendant forged a foreign registration certificate, which is an official document under the name of the head of the original immigration office.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act (the point of illegal stay and the choice of imprisonment), Articles 225 and 30 of the Criminal Act (the point of Article 94 of the Immigration Control Act) concerning the relevant criminal facts and the choice of punishment;

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 decided as per Disposition for the reasons under Article 48(1)2 of the Criminal Act of confiscation;