A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

No person 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.

Nevertheless, on May 13, 2018, when the period of stay expires for three months after entry into a short-term visit of sojourn status (C-3-1) and after the expiration of the period of stay, the Defendant paid 1.5 million won to a licensed administrative agent B, who is a broker for refugee mediation, and prepared a real estate lease contract necessary for refugee application, around May 2018, and as notified by B, the Defendant was punished for entering Mongolia as he/she was suspected of an attack and intimidation and was subject to punishment for returning to Mongolia by taking advantage of attack and intimidation. On June 29, 2018, the Defendant drafted an application for refugee status recognition by falsely stating the grounds for the application for refugee status recognition in the name of the Defendant and receiving an application for change of the said status of stay after visiting the Immigration Office of Changwon, which was prepared in the name of the Defendant.

Accordingly, the Defendant applied for change of status of stay by unlawful means, such as submitting an application for recognition of refugee status stating false facts as above.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Court rulings;

1. Application of Acts and subordinate statutes to accusation, refugee recognition applications, and administrative agency registration certificates;

1. Article relevant to the facts constituting an offense, and Articles 94, 17-2, 26 subparagraph 1, and 24 of the Immigration Control Act, which select the punishment;

1. The act of receiving a false application for refugee status from the defendant on the ground of the sentencing of Article 62(1) of the Criminal Act is a crime that disturbs entry into and departure order of the Republic of Korea.