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(영문) 의정부지방법원 2020.11.25 2020고단5482
출입국관리법위반등
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 entered the Republic of Korea on December 3, 2017 with a visa for general use (C-3-4) of sojourn status on December 3, 2017, and the period of stay expires as of January 2, 2018.

1. On November 15, 2017, the Defendant violated the Immigration Control Act due to the obstruction of performance of official duties by fraudulent means or the application for a false visa submitted a false invitation letter to the effect that, as if he were to enter the Republic of Korea for business purposes, the Defendant was willing to obtain a visa as if he were to enter the Republic of Korea for the purpose of employment, and in collusion with the Korean consul at the Republic of Korea level, “to conduct trade business in the capacity of Korea B and B,” and the documents for application for a visa issuance, to the public official under the name omitted in charge of the issuance of the visa, who is unaware of such fact, submitted the false invitation letter and the documents for application for a visa issuance to the public official in charge of the issuance of the visa, and on November 21, 2017, entered the Republic of Korea through the Incheon International Airport on December 3, 2017.

As a result, the Defendant conspiredd with his name misstatements, thereby hindering the legitimate performance of official duties concerning the issuance of visas by a public official in charge of visa issuance, who belongs to the Korean consular official who is in charge of the visa issuance, and filing a false application for visa.

2. On December 3, 2017, the Defendant violated the Immigration Control Act due to illegal stay entered the Republic of Korea with a visa for ordinary use (C-3-4) and continued to stay without departure from the Republic of Korea from January 3, 2018, despite the expiration of the period of stay as of January 2, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. A copy of each police interrogation protocol requested by investigative agencies to provide a copy of each police interrogation protocol to C, a criminal charge, or accusation;

1. Personal status of entry and departure, application for visa issuance, invitation letter, personal reference certificate, business registration certificate, and copy of identification card (verification of the date of issuance of suspect visa).

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