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(영문) 창원지방법원 2019.09.25 2019고단2287
출입국관리법위반등
Text

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.

Reasons

Punishment of the crime

The Defendant is a foreigner of Pakistan nationality, who entered the Republic of Korea with a short-term visit of stay status (C-3-4) around September 28, 2017, and changed the status of stay to other (G-1-5) on October 26, 2017, and has the status of stay valid until January 16, 2020.

On June 2017, the Defendant knew that he was unable to obtain employment by entering the Republic of Korea in a normal way, and asked the Defendant to create related documents, such as the invitation letter, a certificate of fidelity guarantee, etc., in return for USD 4,00,00. Accordingly, the Defendant created a false invitation letter, a letter of fidelity guarantee, etc. in the name of C at around that time.

On August 10, 2017, at the Embassy of the Republic of Korea in which the U.S. Emirate is stationed, the Defendant, upon filing an application for visa to enter the Republic of Korea, drafted an application as if he were to enter the Republic of Korea for six days for business purposes related to D operated by C, by attaching C’s invitation letter, personal guarantee letter, etc. received from Bromoer.

As a result, the Defendant conspired with Brazil, thereby obstructing the legitimate execution of official duties by a public official in charge of visa issuance who belongs to the Embassy of the Republic of Korea, at the same time, applied for a visa in collusion with Brazil.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report internal investigation (report attached to an application for visa issuance), internal investigation report (report attached to refugee applicants for applicants for applicants for applicants for applicants for applicants for refugee status), investigation report (verification of the status of stay of suspects and the expiration date of stay);

1. Relevant Articles 137(1) and 30 of the Criminal Act concerning the crime, Article 94 Subparag. 3 of the Immigration Control Act, Article 7-2 Subparag. 2 of the Immigration Control Act, Article 30 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.

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