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(영문) 창원지방법원 2017.11.28 2017고단3343
위계공무집행방해등
Text

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

Reasons

Punishment of the crime

1. No person who interferes with the performance of public services by deceptive means and violates the Immigration Control Act shall apply for a false visa or visa issuance certificate, or assist such application;

The Defendant, despite the fact that the Defendant entered the Republic of Korea and did not have any plan to conduct business, such as photographing a motion picture, had the intent to enter the Republic of Korea with a visa obtained by pretending to visit the Republic of Korea for the purpose of photographing a motion picture.

On March 3, 2014, the Defendant conspiredd to apply for a visa of the Republic of Korea to the Defendant by delivering to the Defendant relevant documents, such as a visa issuance written application to the effect that “The Defendant would request the C to have his/her passport and photograph so that he/she may go to the Republic of Korea,” a local slaber for the issuance of a visa, which is a local hub for the issuance of a false visa,” and that the said C would request the Defendant to issue a visa to the Republic of Korea by delivering to the Defendant the documents, such as a visa issuance application to “D” and a “D” employment contract.

Accordingly, on March 11, 2014, the Defendant applied for a short-term visit visa (C-3-1) at the Embassy of the Republic of Korea located in four arms calls around April 11, 201, and submitted a false visa issuance application, employment contract, etc. to the public official in charge of issuing the visa and received a visa from the Republic of Korea around April 18, 2014.

Accordingly, the Defendant, in collusion with the above “C”, obstructed the legitimate performance of duties by the public official in charge of issuing visas belonging to the Embassy of the Republic of Korea by fraudulent means, and at the same time applied for a visa of the Republic of Korea by false means.

2. If a foreigner violating the Immigration Control Act intends to continue his/her sojourn in excess of the period of sojourn, he/she shall obtain permission for extension of the period of sojourn from the Minister of Justice

Nevertheless, the defendant entered the Incheon Airport through the short-term visit visa (C-3-1) on April 28, 2014 and applied for refugee status.

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