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(영문) 창원지방법원 2019.08.28 2019고단1875
출입국관리법위반
Text

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.

Reasons

Punishment of the crime

The Defendant, as a foreigner of Mongolian nationality, entered the Republic of Korea on December 8, 2017 with a short-term visit of stay status (C-3-9).

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, around June 27, 2018, the Defendant, while staying in the Republic of Korea after the expiration of the period of stay (on March 8, 2018), had falsely filed an application for refugee status and filed an application for change of the status of stay. In paying 2.5 million won to the administrative agent B, which is the hub for mediating refugee applications for refugee status, requested the change of the status of stay. B drafted a false application for entry, such as “the Defendant’s residence in the Changwon-si, Changwon-si C building, and D Public Notice Board on the 10/11th floor”.

On June 29, 2018, the Defendant submitted to the public official in charge of official in charge a false application for refugee recognition prepared to the effect that “I believe the unification bridge in Mongolia and do missionary work, etc. in Mongolia, but I could not leave Mongolia by intimidation from non-governmental organizations opposing it.” On the same day, the Defendant stated that I were residing in the “11th floor in the Masan-si, Changwon-si, Changwon-si, Changwon-si, Masan-si,” and submitted a false application for refugee recognition along with the receipt of refugee recognition application and the above application for refugee entry corresponding to the above address.”

As a result, the Defendant conspired with B to submit an application containing false facts, etc., and filed an application for change of status of stay by unlawful means.

Summary of Evidence

1. Defendant's legal statement;

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

1. Court rulings 1.

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