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(영문) 인천지방법원 2018.11.01 2018고단6578

출입국관리법위반

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 2, 12 shall be confiscated.

Reasons

Punishment of the crime

1. If a foreigner continues to sojourn in excess of the period of sojourn, he/she shall obtain permission from the Minister of Justice for extension of the period of sojourn;

Nevertheless, the Defendant entered the short-term visa (C-3 and 59 days of stay) on December 27, 201, and continued to stay in excess of the period of stay for about four years and four months without obtaining permission for extension of the period of stay. From July 21, 2016, the Defendant changed the status of stay to the applicant status (G-1) on October 27, 2016, and filed a lawsuit for cancellation of the status of stay on December 14, 2017, but the Defendant applied for departure again (the period of departure until August 18, 2018) but continued to stay in excess of the period of stay without obtaining permission, even though the period of postponement of arrest due to violation of the Immigration Control Act to the Incheon Airport Immigration and Foreigner Office until the date the period of stay was postponed, on August 23, 2018.

2. No person who mediates or solicits an application for permission for alteration of status of sojourn, etc. shall mediate or solicit an application by unlawful means, such as submitting an application containing any false fact, in applying for permission for alteration of status of sojourn

A. On April 2016, the Defendant entered the Republic of Korea as a short-term visa (C-3, and 60 days of sojourn period) for tourism purposes on April 2016, entered the Republic of Korea with a proposal to the effect that “The Defendant would give KRW 200,000 per week each week a false reason for applying for refugee status, and would offer KRW 550,00 per week a week a false refugee status application and a foreigner who wants to change his/her status of stay in the vicinity, and that he/she will prepare a false lease agreement, etc. necessary for applying for a change of status of stay.” On or around April 2016, the Defendant was threatened with a false reason for applying for refugee status (E and F) to E (E and F) of the Republic of Korea’s nationality in which he/she wishes to obtain employment.