beta
(영문) 인천지방법원 2018.03.15 2018고단763

출입국관리법위반

Text

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

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

Reasons

Punishment of the crime

On August 2007, the Defendant entered Korea on the grounds of marriage with Korean nationals on or around November 6, 2008, but divorced on or around November 6, 2008, and the application for naturalization and extension of the period of stay was rejected on or around June 2016, but the Defendant is a Chinese national who has been postponed the period of departure by filing a lawsuit.

No person shall file an application by unlawful means, such as submitting a forged document as evidentiary materials, or making an application stating false facts, in connection with an application for permission pursuant to activities other than status of stay, change of place of work, grant status of stay, change of status of stay, or permission for extension of status of stay, or solicit such application.

1. The Defendant, along with an administrative history C (in the course of investigation) that he/she became aware of in the Republic of Korea, collected money from a person of China who is a long-term stay in the Republic of Korea and had him/her file a false application for alteration of his/her status of stay in a disguised manner as a refugee, and received money in return.

According to such a conspiracy, the Defendant entered China around October 2016, and met D at the E office of the operation of the C, which was located in the Gu of Ansan-si on the 27th of the same month, and the facts were not related to D, but D from September 1, 2014, to May 18, 2016, in collusion with C, etc. to submit to the Incheon Immigration Office located in the Gu of Ansan-si on the 28th of the same month a written statement stating that “A request for recognition of refugee status is made because C, even though D had no relation with the Jeon-si, the Chinese government joined China on September 1, 2014, stating that he was sexual intercourse as illegal private intercourse, and when the Chinese government forced the subscribers to withdraw from the Jeon-do, he would be under the influence of violence and intimidation of the Chinese government, and thus, he would request C to submit it to the Korea on the 3th of May 18, 2016.