The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (legal scenarios and unreasonable sentencing)

A. In light of the legal principles, refugee applicants’ issuance of a refugee recognition application receipt and submission to the immigration and foreign office having jurisdiction over their residence along with the integrated application cannot be deemed as an application for change of status of stay under Article 24 of the Immigration Control Act, and there is no legal ground to provide that refugee applicants apply for change of status

Therefore, the defendant arranged a false application for refugee status.

The application of Article 94-2 and Article 26-2 of the Immigration Control Act to punish a person is in violation of the principle of no punishment without law.

There is no risk that the act of a refugee applicant applying for change of status of stay may interfere with the change of status of stay.

When filing an application for change of status of stay, only the receipt of the application for recognition of refugee shall be submitted, and the application for recognition of refugee or evidential materials shall not be submitted. In granting the status of G-1 status of stay following the application for recognition of refugee, the subject of examination is only the application for recognition of refugee, but is not true and correct.

The Refugee Act provides that a refugee applicant shall be punished only when he/she has obtained a false refugee recognition or a humanitarian stay permit (Article 47 subparagraph 2 of the Refugee Act), and interpreting that a refugee applicant who has not obtained a refugee recognition or humanitarian stay permit may be punished under the Immigration Control Act will be punished in accordance with the purpose of the Refugee Act.

In addition, the interpretation that the application for change of refugee status is illegal even though it is not illegal, it constitutes an analogical interpretation of penal law, and it is more severe punishment than the case where refugee status is recognized or humanitarian stay is permitted.

Among the contents of the draft of the 2019 Refugee Act, the Ministry of Justice strengthens the penal provisions for the presenter of forged documents.