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(영문) 부산지방법원 2021.03.24 2021고단379

출입국관리법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No foreigner staying in the Republic of Korea shall file an application by unlawful means, such as submitting a forged or altered document, etc. as evidentiary materials, or submitting an application stating false facts, in connection with an application for permission to change status of sojourn under the Immigration Control Act.

On October 28, 2018, the Defendant, who entered the Republic of Korea as a visa for “C-3-9 General Tourism”, had been willing to change the status of stay by filing a false application for refugee qualification with the intent to engage in job-seeking activities in the Republic of Korea. On October 31, 2018, the Defendant paid KRW 1,00,000 to B, a so-called “Refugeeer”, a so-called “Refugeeer,” at the French or Daegu, around October 31, 2018. Although the Defendant did not reside in the “PPPPPP, Busan, the Defendant received documents necessary for applying for refugee qualification, such as a false entry book stating the false details as if he/she resides in the said PPPP, and around November 12, 2018, the Defendant submitted the aforementioned false application documents to the public official at the Busan National Immigration Office, who entered the status of stay attached to the above false entry to the address and received permission from the public official on November 15, 2018.

Accordingly, the Defendant filed an application by unlawful means, such as submitting a false statement in relation to an application for change of status of stay under the Immigration Control Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on accusation of immigration offenders, such as records of foreigners registered as A and printed out of individual immigration records, integrated application, reasons for refugee application, entry room, application form for entrance room, tuberculosis confirmation, B photographic output, and output of immigration records;

1. Relevant Article 94-2, Article 26-1, and Article 24 (1) of the Immigration Control Act concerning facts constituting an offense, the choice of punishment for imprisonment, or the choice of punishment;

1. This case has filed an application for the change of status of stay in an illegitimate manner for sentencing under Article 62(1) of the Criminal Act.