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(영문) 대구지방법원 서부지원 2019.06.19 2019고단1222
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a foreigner of Pakistan's nationality.

1. No person who violates the Immigration Control Act shall apply for a false visa or a visa issuance certificate, or assist such application to enter the Republic of Korea;

On January 11, 2018, the Defendant: (a) applied for a visa for the entry of the Republic of Korea with the content that “B representative C has been invited to be a trade-free visa; (b) as if he/she entered the Republic of Korea, he/she would be entitled to receive a visa for the entry of the Republic of Korea; (c) instead of purchasing writing and parts from B; (d) upon entering the Republic of Korea, the Defendant entered the Republic of Korea on or around January 3, 2018, submitted a false invitation to prepare a visa for the entry of the Republic of Korea with the content that “B representative C has been invited to be a trade-free visa; and (d) as if he/she entered the Republic of Korea, he/she entered the Republic of Korea with a false invitation to prepare a representative C; (d) eight-day Seoul hotel fraudulent reservation; and (e) a false receipt to pay the income tax for the previous year to the Korea Customs Service of Pakistan (FBR).

Accordingly, the defendant filed a false visa to enter Korea.

2. A party against whom an immigration control Act applies may stay in the Republic of Korea within the limits of his/her status of sojourn and the period of sojourn.

Nevertheless, the Defendant entered the Republic of Korea with a visa C-3-4 (short-term visit) as stated in paragraph (1) around April 3, 2018, and stayed in Korea on April 11, 2018, when the period of stay expires, and stayed from that time until April 28, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A person subject to a report on internal investigation (referring to an inquiry about foreigner A's sojourn information), a report on internal investigation (referring to an inquiry about the issuance of a visa to a diplomatic mission abroad), a report on internal investigation (referring to an application document for a visa issued to a person A), a report on internal investigation (subject AF activities), and a report on internal investigation;

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