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(영문) 서울중앙지방법원 2012.07.17 2012고단2959
위계공무집행방해
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 2, 1996, when the Defendant entered China as an industrial trainee (D-3) and illegally staying in Korea on September 2, 1996, on June 4, 2004, the Seoul Central District Court sentenced two years of suspension of the execution to ten months of imprisonment with prison labor due to the charge of forging official documents and the violation of the Immigration Control Act, etc., and was forced to leave on June 11, 2004, and thus, was prevented from re-entry into Korea by October 26, 201 in accordance with the relevant laws and regulations.

Nevertheless, the Defendant laundryed his status by changing the date of birth to prevent the Republic of Korea from ascertaining the forced departure from the Republic of Korea’s immigration authorities to re-enter the Republic of Korea, and issued a false heading book indicating the date of birth as “E.” rather than “D.,” which is the true date of birth when first entering the China’s French Site, in an abnormal manner, and received a passport from the Chinese diplomatic authorities using it.

On June 4, 2007, the Defendant, at the Embassy of the Republic of Korea, entered “E.” in the column on the date of birth when applying for visa to the spouse (F-2) of a citizen at the Embassy of the Republic of Korea, and prepared a false application for visa issuance in such a manner as to state that there is no such fact in the column for confirmation of the fact that visit or forced departure to Korea, and the fact that no such fact exists, and received an F-2 visa in the name of “A (E.)” (E.) on June 12, 2007.

In addition, the defendant entered the Republic of Korea with the visa issued as above, and entered the Republic of Korea on June 26, 2007 at the Seoul Immigration Office located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, to prepare and submit a false application and obtain a foreigner registration and obtain a foreigner registration certificate.

Accordingly, the defendant interfered with the legitimate performance of duties of public officials in charge of visa issuance and public officials in charge of foreigner registration by fraudulent means.

2. The Defendant thereafter uses the visa, etc. under the name of “A (E.A)”.

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