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(영문) 창원지방법원 2019.06.28 2019고단1487
출입국관리법위반등
Text

A defendant shall be punished by imprisonment for one year.

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 is a foreigner of Pakistan nationality, who entered the Republic of Korea with a short-term visit of stay status (C-3-4) around February 17, 2018, and changed his/her status of stay to other (G-1-5) upon an application for refugee status on the 27th of the same month and extended four times until July 30, 2019.

On January 1, 2018, the Defendant knew that he is unable to find a job by entering the Republic of Korea in a normal way, and asked Berer to forge the relevant documents, such as the invitation letter and the letter of fidelity guarantee, in return for the charge of forging approximately seven million won. Accordingly, the Defendant contacted B representative C with the Defendant, and then sent the invitation letter, the letter of fidelity guarantee, etc. necessary to visit the business vehicle related to mobile communications telephone, and then sent them by mail, and the Defendant signed the visa application documents, etc. and sent them to Ber.

around January 22, 2018, Brazil continuously filed an application for visa to permit the Defendant to enter the Republic of Korea, along with the invitation letter of B representative C’s name and a letter of fidelity guarantee, to the public official in charge of being aware of such circumstances.

Accordingly, in collusion with the defendant and Brazil, the defendant applied for a visa in collusion with the public official in charge of the issuance of visas belonging to the Embassy of the Republic of Pakistan by deceptive means at the same time, and applied for a visa in falsity.

Summary of Evidence

1. Defendant's legal statement;

1. Application form for visa issuance and invitation letter;

1. Application of immigration Acts and subordinate statutes to individuals;

1. Relevant Articles 137(1) and 30 of the Criminal Act concerning the crime, Article 94 Subparag. 3 of the Immigration Control Act, Article 7-2 Subparag. 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 Competition.

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