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(영문) 부산지방법원 2021.02.24 2020고단4708
출입국관리법위반
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a foreigner of Russia's nationality who entered the Republic of Korea as a qualification for visa exemption (B-1) around September 23, 2018.

1. Where a foreigner intends to continue his/her sojourn in excess of the period of sojourn after the expiration of the period of sojourn, he/she shall obtain permission for extension of the period of sojourn from the Minister of Justice before the period of sojourn expires, as prescribed by Presidential Decree, and shall

Nevertheless, the Defendant entered the Republic of Korea as a qualification for visa exemption (B-1) around September 23, 2018, and continued to stay in Gwangju, Ulsan, etc. by November 10, 2020 without obtaining permission for extension of the period of stay even though the period of stay expired as of August 22, 2020, while staying in the Republic of Korea after obtaining permission for alteration to the eligibility for application for refugee status (G-1-5) around November 30, 2018.

2. If a foreigner staying in the Republic of Korea by unlawful means intends to engage in an activity that constitutes status of sojourn different from that of his/her status of sojourn, the foreigner shall obtain in advance a permit to change his/her status of sojourn, and shall not make an application by unlawful means, such as submitting a forged or altered document, etc. as evidentiary materials or submitting an application stating any false fact, or arrange or recommend

Nevertheless, the Defendant: (a) introduced C/D, which is a Russian national of Russia, who had entered the Republic of Korea for tourism purposes and sought extension of the period of stay; (b) notified that he/she may continue to stay in the Republic of Korea if he/she applied for a change of his/her status of stay as a refugee status; (c) notified that he/she may continue to stay in the Republic of Korea as a refugee status; (d) received KRW 700,000 per one person as a consideration for good offices; and (e) notified the procedures, details, and methods of filing an application for refugee status as a refugee; and (e) notified the applicant’s application and accompanying documents; and (e) examined the application

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