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(영문) 서울행정법원 2018.05.30 2018구단56971
출국명령처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The plaintiff is a foreigner of the nationality of the People's Republic of China (hereinafter "China"), who asserts that his name is "A (B)" and "C".

B. On April 30, 2005, the Plaintiff: (a) purchased a counterfeited passport (hereinafter “FF passport”) written by the Chinese Government to be issued to DF E; (b) on April 30, 2005, entered and stayed in the Republic of Korea using a counterfeited passport; and (c) obtained a Class II ordinary driver’s license in the F name around 2006, using a FF passport.

C. On October 1, 2015, the Plaintiff submitted the first-class ordinary driver’s license test table to the employees of the Corporation in charge of the driver’s license test in Gangseo-gu Seoul Metropolitan Government, stating F’s personal information, along with the Plaintiff’s evidentiary pictures, and submitted the first-class ordinary driver’s license test table to the Plaintiff as if the Plaintiff were F, and had the said employees who know that the Plaintiff was F, issued the first-class ordinary driver’s license in the name of F in which the Plaintiff’s evidentiary pictures are printed.

(hereinafter referred to as “non-entry of a license”) d.

After that, on August 9, 2016, the Plaintiff was staying in the Republic of Korea as a short-term visit (C-3) sojourn status on entry into the Republic of Korea on August 9, 2016, and was indicted on August 25, 2016 as a crime of false entry in official documents (2016No3869) and was sentenced to a judgment of conviction for two years on December 21, 2016 on the suspension of the execution of imprisonment with prison labor on December 23, 2016, and appealed as Seoul Southern District Court 2017No15 on December 23, 2016. However, the Plaintiff appealed on February 9, 2018, and was dismissed on February 12, 2018 by Supreme Court Decision 201Do4095, Apr. 20, 2018.

(b) above.

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