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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 2016, the Defendant: (a) paid 1,200,00 Swisss (an amount equivalent to KRW 8,200,000) to a male with 40 scam scam scam scam in his name when he was refused to file a visa under his name; (b) on his name column, “D”, “E”, “23/02/2016”, “23/2016” in the column for the date of issuance of the passport, and “23/02/206” in the column for the date of issuance of the passport.
1. On March 10, 2016, the Defendant exercised the above investigation document by presenting the forged passport to a public official in charge of entry screening in the Jung-gu Incheon International Airport entrance port and Incheon International Airport entrance port as if it were a duly issued passport.
2. The Defendant interfered with the performance of official duties in a deceptive scheme, at the same time and place as above, obtained entry permission by presenting the above forged personal information to a public official in charge of the entry examination as if he/she was his/her personal information, thereby hindering a public official in charge of entry management office from performing his/her legitimate duties relating to entry inspections by entry.
3. If any foreigner violating the Immigration Control Act intends to enter the Republic of Korea, he shall carry a valid passport.
Defendant entered the Republic of Korea at the above date and place, and entered the Republic of Korea with a forged passport under the name of “C” as above.
Summary of Evidence
1. Statement by the defendant in court;
1. A written accusation;
1. Police seizure records and list of seizure;
1. A medical certificate and a death certificate of each photograph;
1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to data on the current status of entry and departure of each party to a forged passport);
1. Relevant Articles 234 and 231 of the Criminal Act (the use of the aforementioned investigation document), Article 137 of the Criminal Act (the use of interfering with the performance of official duties by fraudulent means), Article 94 Subparag. 2 and Article 7(1) of the Immigration Control Act (the use of unlawful entry) of the same Act concerning the crime, and the choice of imprisonment, respectively;
1. Aggravation concurrent crimes;