2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The following circumstances are considered as favorable to the Defendant: (a) considering the following: (b) the Defendant’s mistake is against himself/herself; (c) the Defendant has no record of criminal punishment in Korea; and (d) the Defendant’s family members and branch members wanting to dismiss the Defendant’s wife; and (c) foreigners who have no substantial reason for recognition of refugee status apply for refugee status for employment or economic activities in Korea and stay in Korea for a false reason for employment or economic activities; and (d) have waste of national administrative power and bring about social conflicts; (d) the Defendant prepared and obtained a false refugee status application by collusion with accomplices; and (e) the Defendant acquired the price by giving 65 foreigners a false refugee status; and (e) taking into account the Defendant’s age, character and behavior; (e) the motive, means and consequence of the crime; and (e) circumstances in relation to the records and arguments of this case, it is difficult to deem that the lower court’s punishment excessively deviates from reasonable discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.