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A defendant shall be punished by imprisonment for not more than ten 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
[Basic Facts] The defendant is staying in Korea as refugee applicant status (G-1-5) with his/her nationality.
It is the illegal aliens who did not depart from the Republic of Korea until March 10, 2018, the expiration of the period of stay.
【Criminal Facts】
1. Around June 16, 2017, the criminal defendant made a false statement to the victim B (the victim, 48 years of age, Kazaktan) (the defendant would be entitled to the refugee application. Instead, the mobile phone will be opened through the mobile phone, and the fee will be paid.).
However, even if the defendant opens a mobile phone in the name of the victim, he did not have the intention or ability to pay the mobile phone fee on behalf of the victim.
The Defendant, by such means as seen above, by deceiving the victim, and preparing documents necessary for joining the mobile phone from the victim, and using them around July 18, 2017, acquired financial benefits equivalent to the same amount in a way that he/she did not pay the total amount of KRW 791,390 by opening two mobile phones (C Company D and E) in the name of the victim.
2. If a foreigner staying in the Republic of Korea (Prohibition of Submission, etc. of False Documents) intends to engage in any activity falling under the status of stay different from that of his/her status of stay, he/she shall obtain prior permission to change his/her status of stay from the Minister of Justice, and no person shall file an application by unlawful means, such as submitting an application stating forged or altered documents, etc. as evidentiary materials in connection with an application for permission, or arranging or soliciting such activity.
The Defendant, while continuing to stay in the Republic of Korea, received money from the Korean nationals of Kazaktan who want to receive money from them, and had them submit an application for refugee recognition by using a false statement.
B, around June 16, 2017, the Defendant committed the crime against B, B, of the nationality of Kazakhstan.