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A defendant shall be punished by imprisonment for six months.
However, the defendant shall be sentenced to the above punishment for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Violation of the Immigration Control Act;
A. Although a foreigner is able to stay in the Republic of Korea within the scope of his/her sojourn status and sojourn period due to the excess of the sojourn period, the Defendant entered the Republic of Korea on December 15, 2016 as the Korean Language Training (D-4-1) and stayed in the Republic of Korea by no later than March 2, 2019, despite the expiration of his/her sojourn period on July 15, 2018.
Accordingly, the defendant stayed in Korea without status of stay.
B. Although a foreigner who violated the Immigration Control Act due to illegal employment is prohibited from engaging in employment activities without obtaining the status of sojourn eligible for employment activities in the Republic of Korea, the Defendant, without obtaining the status of sojourn eligible for employment activities, was on the grounds that he/she received KRW 3 million or KRW 4 million per month from around October 2018 to March 1, 2019, at an entertainment drinking house of “C” in the name of “C” near Bupyeong-gu Incheon Metropolitan City, from around March 1, 2019.
As a result, the defendant was engaged in job-seeking activities without obtaining the status of stay that can work.
2. On February 2019, the Defendant: (a) stated the “Chuyen Lam (Formation of identification card)” on the advertisement; and (b) stated that the Defendant, via D Messen, sent the Defendant’s photograph to the forgery business operator of a foreigner registration certificate on his/her name in the name of the Defendant and asked him/her to create the foreigner registration certificate while transmitting the Defendant’s photograph; (c) the forgery business operator in his/her name asks him/her to create the foreigner registration certificate on the plastic card in his/her name, “E”, “A,” “ study abroad (D-2),” and “the date of issuance”, “the period of stay, Nov. 16, 2018,” and “the date of issuance, Nov. 10, 2020,” and then forged one foreign registration certificate by printing a photograph transmitted by the Defendant, and then sent it to the Defendant through international mail.
Accordingly, the defendant conspireds with the above-mentioned foreigner registration certificate forgery businessman.