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(영문) 울산지방법원 2016.11.24 2016고단3327
불실기재여권행사등
Text

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

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

1. An alien who departs from the Republic of Korea shall undergo a departure inspection conducted by the immigration control official at the port of entry and departure with a valid passport;

Nevertheless, on February 1, 2013, the defendant issued a false entry passport under the name of F issued in disguised manner as if he/she is a Chinese national, even though he/she is a Chinese national, and went to China through the Incheon Port without a valid passport issued by the Chinese government.

2. When a foreigner enters the Republic of Korea, he/she shall obtain a valid passport and visa issued by the Minister of Justice;

Nevertheless, around February 18, 2013, the Defendant presented to immigration control officials who are aware of the circumstances, a passport of the Republic of Korea issued under the name of “F” in the name of “F”, which is a national of the Republic of Korea, without Chinese nationality, even though it is Chinese nationality, and instead, entered the Republic of Korea through the Incheon port without a valid passport issued by the Chinese government.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written accusation;

1. An application for reinstatement of nationality, a certified copy of resident registration, family relation certificate, marriage relation certificate, passport-issuance application;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 229 and 228 (2) of the Criminal Act of the relevant Act concerning criminal facts, Article 94 Subparag. 18, and Article 28 (1) of the Immigration Control Act (the point of departure from the Republic of Korea without a lawful departure inspection) and Articles 94 Subparag. 2 and 7 (1) of the Immigration Control Act (the point of entry without a lawful entry inspection);

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution is different from the circumstances leading to the criminal defendant under Article 62(1) of the Criminal Act and from the punishment of a fine once;

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