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(영문) 인천지방법원 2012.10.29 2012고단10127
위계공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a ship of Chinese nationality that entered the short-term general visa.

In order for the defendant to be issued a visiting employment visa, he/she should receive a certain period of education at the BA, and from September 3, 201 to December 31, 201, the defendant signed a letter of confirmation of the attending person as if he/she had received normal education even though he/she did not attend the said school nine times from September 3, 2011, and submitted related documents, such as false attendance book, and received a letter of recommendation to change the status of visiting employment sojourn from the Overseas Koreans Technical Education Support Group on March 27, 2012.

On March 28, 2012, the Defendant had a licensed administrative agent prepare and submit a false recommendation and an application at the Incheon Immigration Office located in Jung-gu Incheon Dong-dong 7, Jung-gu, Incheon, and received permission to change the visiting employment (H-2) visa status under the name of the head of the Incheon Immigration Office.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the change of status of a public official in charge of Incheon Immigration Office by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A copy of a report on criminal intelligence, investigation report (including the background of the arrival of an investigation, etc.), copy of a lecture life group, copy of a register of records of participation, copy of an ex officio admission management register, copy of a letter of recommendation issued to the issuer, copy of a report on completion of technical education, copy of a register of records of attendance, balance sheet

1. A report on investigation (specific suspect), report on investigation (explosion analysis, etc.), data on telephone details, and a list of data analysis status;

1. Application of Acts and subordinate statutes to investigation reports ( relative investigation, etc. of suspects), copies of registered foreigners cards, copies of recommendations for change of qualification for visit employment (H-2), copies of delegations, and copies of applications (reports);

1. Relevant Article of the Criminal Act and Article 137 of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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