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(영문) 창원지방법원 2020.06.12 2020고단1353
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, as a foreigner of Pakistan nationality, filed a false visa with the Republic of Korea’s visa through an entry and departure broker in the name named “B” (hereinafter referred to as “name B”), with the intent to enter the Republic of Korea.

Accordingly, around March 2017, the Defendant paid KRW 1.8 million to the said Brazil (an amount equivalent to KRW 19 million). The Defendant, via the said Brazil, requested that “C” representative send a letter of invitation necessary for the issuance of a visa even though there was no plan to purchase the gas boiler from the said Company,” and was issued the Republic of Korea visa unlawfully by submitting the said letter of invitation to the public official in charge of the issuance of a visa at the Embassy of the Republic of Korea stationed Pakistan, at around April 20, 2017, upon receiving a false letter of invitation for “technical education and production meetings” from the said D without knowledge of the fact.

As a result, the Defendant conspired with Brazil, thereby obstructing the legitimate execution of duties by public officials in charge of visa issuance at the Embassy of the Republic of Korea in the Skistan stationed, and simultaneously filing a false application for visa.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application for visa issuance, invitation letter, certificate of fidelity guarantee, certificate, visa issuance request, details of transactions, registered foreigner standard table, accusation note, application of Acts and subordinate statutes on the status of entry and departure of individuals;

1. Relevant Article 137 of the Criminal Act, Article 30 of the Criminal Act (the point of obstruction of performance of official duties by fraudulent means), Article 94 subparagraph 3 of the Immigration Control Act, Article 7-2 of the Immigration Control Act, Article 30 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the defendant repents and reflects the wrong facts, has no criminal record in

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