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(영문) 창원지방법원 2020.06.03 2019고단2209
출입국관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 his nationality, who entered the Republic of Korea on September 30, 2016 with a short-term visit of sojourn status (C-3) and converted his/her status of stay into other (G-1) on August 16, 2017, and has valid status of stay until August 26, 2019.

On September 24, 2016, the Defendant, at the Embassy of the Republic of Korea located in the Republic of Korea, did not enter the Republic of Korea for a short term for the purpose of studying or training, and did not enter the Republic of Korea for the purpose of employment, and, even if he was aware that he would have been staying for a long term, the Defendant invited a “B Company” from the said “B Company” for the purpose of the commencement of the Subdivision. The Defendant applied for a visa upon obtaining a letter of invitation to the effect that he would be expected to stay in the Republic of Korea for a short period of time. The Defendant stated that he would be staying in the Republic of Korea only five days in the Republic of Korea and attached the above letter of invitation to enter the Republic of Korea.

As a result, the Defendant conspired with his name bromoer, and filed a false visa.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement related to C and D;

1. The defendant and his defense counsel denied the facts charged to the purport that the defendant had no false application for a visa since he entered the Republic of Korea to attend the event of the Subdivision Organization, such as the letter of invitation as stated in the facts charged of this case, but the defendant was forced to contact with his family members at the time the period of stay expires, and he did not return to his country. Thus, the defendant did not have filed a false application for a visa.

However, the evidence adopted and examined by this court is below.

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