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(영문) 창원지방법원 2019.10.16 2019고단1505 (1)
출입국관리법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

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 status of non-professional employment (E-9) on April 2, 2012, and entered the status of stay on February 1, 2017, upon filing a false application for refugee status change on February 1, 2017. On January 2, 2017, the Defendant intended to stay for a long-term period in the Republic of Korea by applying for refugee status change by applying for refugee status change. On January 1, 2017, the Defendant prepared a real estate lease agreement and a written confirmation of providing residence necessary for refugee status application for refugee status after paying KRW 80,00 to B, a false refugee status application for refugee status extension. As notified by B, the Defendant was threatened with murder from the opposite political parties due to the fact that the Defendant carried out the C Party movement at Bangladesh, and was no longer able to live at Bangladesh, and the Defendant received the said application for refugee status change in the name of both foreign and immigration offices on January 12, 2017.

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. Statement by the defendant in court;

1. Application of the registered foreigner card, copy of application for recognition of refugee, copy of real estate lease contract, personal immigration status, and written confirmation of application for permission for sojourn;

1. Article 94 Subparag. 17-2, Article 26 Subparag. 1, and Article 24(1) of the Immigration Control Act, the choice of punishment for an offense, and the choice of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: the age, character and conduct, environment, motive, means and consequence of the crime.

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