A defendant shall be punished by imprisonment for one year.

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, the Defendant entered the Republic of Korea on March 6, 2018 as Russia nationality foreigner eligible for visa exemption (B-1). On October 2, 2018, the Defendant, by filing a false application for refugee status recognition, had the intent to stay for a long time in the Republic of Korea by applying for refugee status change. On October 2, 2018, the Defendant sent KRW 80,000 in cash to C, which was known through B at the beginning of Busan Dong-dong, Busan, and threatened the police officer to refuse to accept part of monthly income of each month. The Defendant, upon receiving the refugee status application stating the false contents, sent the same application for refugee status recognition as a person who received the same contents, and submitted the real estate monthly rent contract stating “B-D and E” from the above C, which was not a residence, with the real estate entry and departure certificate as described above, to Busan, on October 2, 2018.

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written accusation;

1. Application of Acts and subordinate statutes to a criminal investigation report (use of a suspect mobile phone, transmission and reception of refugee application form, and analysis of actual refugee application form);

1. The nature of the crime is that the defendant applied for a false refugee in order to obtain lawful status of stay for the reason of sentencing of imprisonment with labor under Article 94 subparag. 17-2, Article 26 subparag. 1, and Article 24(1) of the Immigration Control Act regarding the crime.