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(영문) 창원지방법원 2017.04.12 2017고단680
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Although the fact that the defendant was a foreigner of Pakistanan nationality was scheduled to enter the Republic of Korea to apply for refugee status, the defendant was willing to enter the Republic of Korea with a visa issued by pretending that he was invited for business purposes.

On August 2015, 2015, the Defendant requested “D” to make a visa so that he/she can go to the Republic of Korea through the name “C”, which is the Defendant’s seat in the U.S., in advance, the Defendant sent a copy of the Defendant’s passport to F, who is a construction machinery exporter, as if he/she appears to have the F, who is a construction machinery exporter, to purchase the excavation, etc., and received a letter of invitation, etc.

On August 30, 2015, when the Defendant applied for a short-term visa (C-3) in the Korean consul located in the U.S. in the U.S., the Defendant illegally issued the visa by submitting a visa issuance document, such as a personal identification guarantee, invitation letter, etc., to the public official in charge of the issuance of the visa, to the effect that the Defendant is invited from the “E” to the Defendant for business purposes.

Accordingly, the Defendant conspired with the above “C” and “D” in sequence, thereby obstructing the legitimate performance of duties by a public official in charge of issuing visas belonging to the Korean consular missions, and filing a false application for a visa.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the visa issuance application, identification guarantee, trade permit, invitation letter, identity guarantee, and application of the refugee application statutes;

1. Article 137 and Article 30 (Interference with the performance of official duties by fraudulent means) of the Criminal Act relevant to the crime, Article 94 subparagraph 3 of the Immigration Control Act, Article 97-2 subparagraph 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;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 of the Criminal Act:

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