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(영문) 인천지방법원 2019.09.26 2019고단5679
공문서위조등
Text

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.

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, on May 15, 2017, the Defendant continued to reside in the Republic of Korea without departing from the Republic of Korea until August 18, 2019, despite the expiration of the period of stay as of May 30, 2019, after entering the Republic of Korea as a visa for a fish driving school training (D-4-1).

2. On July 2019, the Defendant forged an official document with intent to forge a foreigner registration certificate through a professional charge that does not facilitate domestic employment, and requested the name “C”, which is the forged slaber of a foreigner registration certificate, which was known through B, to transmit the Defendant’s photograph, etc... The above “C” inserted a pattern similar to the foreigner registration certificate in the plastic registration certificate size of the actual foreign registration certificate into the plastic box, and inserted the Defendant’s evidentiary photograph in the photograph column, “D” in the name column, “A” in the name column, “VIENM” in the national region, “A” in the name column, “VIENM” in the national region, “G-1” in the issuance date column, and “the head of the office of the office of the entry and departure of Daejeon.”

Accordingly, the defendant, in collusion with the above "C", forged a foreign registration certificate for the defendant who was under the name of the head of the Daejeon Immigration Office for the purpose of exercising.

Summary of Evidence

1. Statement by the defendant in court;

1. One copy of a report on investigation (exploration of alien registration), one copy of a delivery and receipt of postal items, one copy of an international express postal item and an alien registration certificate, and one copy of the back photograph;

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 ordered as per Disposition for the reasons under Article 48(1)2 of the Criminal Act.

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