beta
(영문) 서울서부지방법원 2017.12.13 2016고단3278

행정사법위반

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 person, other than a licensed administrative agent, may engage in business of preparing documents submitted to an administrative agency, translation of documents related to the affairs of an administrative agency, submission of such documents on behalf of others.

Notwithstanding the fact that the Defendant is not an administrative agent, he/she will act on behalf of the foreigner in relation to the refugee application management office for entry into and departure from the Republic of Korea. On September 3, 2012, the Defendant: (a) around the office of “D” located in Yongsan-gu Seoul Metropolitan Government, requesting the immigration management office to submit an application for refugee application; (b) he/she received KRW 200,000 in return; (c) arbitrarily prepared the E’s refugee application; and (d) from September 2013 to September 2013, it is apparent that the “P” of No. 3 of the daily list of crimes annexed to foreigners, as shown in the attached Table of Crimes, is a clerical error of “K”. The Defendant engaged in the business of preparing refugee application documents submitted to the immigration management office upon receiving fees from the foreigner.

Summary of Evidence

1. Protocols of examination of witnesses concerning the witnessF;

1. Each protocol concerning the examination of a police officer in relation to E, G, H, I, J, K, or L;

1. Each police statement made to F, M, N, orO;

1. Application of Acts and subordinate statutes to each copy of refugee application;

1. Article 36 (1) 1, Article 3 (1), and Article 2 (1) 1 (generally, the choice of imprisonment with prison labor) of the relevant Act on criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant, who is not a licensed administrative agent, prepares and submits a refugee application to an administrative agency and receives a fee is a serious damage to the people's trust in the administrative agency system.

In addition, there are a lot of benefits acquired as well as a lot of applications for refugee status prepared, with a long period of crime.

B. Since the defendant denies and does not reflect the fact that he has received fees, he is not able to ask for his responsibility strictly.

However, the defendant is subject to criminal punishment, except for a fine of two times due to a different species of crime while living in Korea for at least 14 years.