Criminal Ruling Imposing a Suspended Sentence for Submitting False Refugee Application Documents

Who this helps

This may help people curious about how a court set the sentence in a case involving a false refugee application. It also offers one example of a criminal trial under the Immigration Act.

Case overview

Case number

2019고단4209

Court

Busan District Court

Date of judgment

Nov 13, 2019 (Wed)

Topic

Criminal Cases

Original title (Korean)

난민 신청 알선 브로커를 통하여 허위 난민인정신청서 등을 건네받아…

The defendant paid 800,000 won (KRW) to a person who arranges refugee applications and received a refugee application containing false information and a monthly rent contract for real estate where the defendant did not actually live. After a health checkup, the defendant submitted these documents to the refugee division of the Immigration Office and applied for permission to change status of stay. The defendant was tried for violating the Immigration Control Act.

Can submitting false documents for a refugee application lead to criminal punishment?

The defendant paid 800,000 won to a person who arranges refugee applications and received a false application form and a rent contract for a property where the defendant did not actually live. After a health check, these documents were submitted to the immigration office with a request to change status of stay. The court viewed a false refugee application as a poor-quality offense. It also took into account, among other things, its view that departure measures were sufficient, and imposed one year in prison suspended for two years.

How the court ruled

The court found that making a false refugee application is an offense of a bad nature. However, it also considered, among other things, that taking departure measures against the defendant would be sufficient. It therefore sentenced the defendant to 1 year in prison, suspended for 2 years.

What to check in a similar situation

The documents and procedures for a refugee application can be confirmed with the immigration and foreigner authorities. The course of a criminal trial and its ruling can be confirmed with the competent court.

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• Contacts: Korea Legal Aid Corporation 132

Terms explained

suspended sentence

A sentence is decided after a guilty finding, but its enforcement is put off for a set period.

refugee application form

The document submitted to the immigration authorities to ask for recognition as a refugee. In this case, the form contained false content.

change of status of stay

A request to switch from one residence status in Korea to another.

Immigration Act violation

A charge of breaking the law on entry, exit and stay. The defendant in this case was tried on this charge.

More rulings on this topic

• Ruling sentencing a defendant to 1 year in prison for illegal entry, illegal stay and aiding another person's illegal entry · Busan District Court
• Students' submission of bank balance certificate found to be an application by improper means · Seoul Eastern District Court
• Court upholds departure order for foreign national fined for drunk driving · Daegu District Court

See all 28 rulings on Criminal Cases →

Frequently asked questions

Who was tried, and for what?

The defendant, who submitted refugee application documents to the immigration office, was tried for violating the Immigration Act. A false application form and a rent contract for a property that was not the real residence were at issue.

How did the court rule?

The court considered a false refugee application to be a poor-quality offense. It also weighed its view that departure measures were sufficient, and imposed one year in prison suspended for two years.

Does this result apply as-is to similar cases?

No. This is the court's judgment in that particular case and does not apply as-is to other cases.