Students' submission of bank balance certificate found to be an application by improper means

Who this helps

This may help international students who want to know how a court viewed a balance certificate submitted with a status change application. It covers only the facts of this case.

Case overview

Case number

2023노860

Court

Seoul Eastern District Court

Posted on original board

Sep 10, 2024 (Tue)

Topic

Criminal Cases

Original title (Korean)

출입국관리법위반(서울동부지방법원 2023노860)

The defendants who were international students received money by transfer from other defendants. They then obtained a bank balance certificate and returned the money. The issue was that they submitted this certificate with an application for permission to change status of stay, as a document proving tuition and living expenses.

Is it illegal to submit a balance certificate for money that was sent and then returned?

The students received money from other defendants and got a bank balance certificate. They then gave the money back. They submitted the certificate with a status change application as proof of tuition and living costs. The court treated this as applying by improper means under the Immigration Act and found it a violation.

How the court ruled

The court found that this act falls under applying by improper means as provided in Article 26, item 1 of the Immigration Control Act. The defendants who sent the money each received a suspended prison sentence, and the international student defendants each received a fine.

What to check in a similar situation

Information on the documents needed to prove finances for a status change application is available from immigration offices. Case records are available from the court that handled the case.

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• Contacts: Korea Legal Aid Corporation 132

Terms explained

Balance certificate

A document from a bank that shows how much money is in an account at a certain time. Here it was submitted to prove tuition and living costs.

Change of status of stay

A permission process to switch from one type of stay status to another while living in Korea.

Suspended sentence

A prison sentence that is handed down but not carried out for a set period. The court gave this to the defendants who sent the money.

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
• Court upholds departure order for foreign national fined for drunk driving · Daegu District Court
• Court rules deportation and detention orders against plaintiff convicted of voice phishing and other crimes were lawful · Daegu District Court

See all 28 rulings on Criminal Cases →

Frequently asked questions

Who was found guilty in this case?

The defendants who sent the money received suspended prison sentences. The international student defendants received fines.

What did the court decide about the balance certificate?

The court held that submitting the certificate to prove finances was an application by improper means under the Immigration Act.

Does this result apply to every similar case?

No. It is the court's decision in this one case and does not apply as is to other cases.