Suspended sentence for deported foreigner who re-entered using a visa obtained with a forged ID

Who this helps

This may help people curious about how a criminal court ruled when a deported foreigner re-entered Korea on a visa obtained with forged documents.

Case overview

Court

Cheongju District Court

Posted on original board

Jul 23, 2012 (Mon)

Topic

Criminal Cases

Original title (Korean)

○[형사]대한민국에 취업 목적으로 입국하였다가 강제퇴거된 피고인이 신분증을 위조하여 대한민국 사증을 발급받고,…

The defendant, a Sri Lankan national, entered Korea for employment in 1997 and was deported in 2006. Although aware that a deported foreigner cannot re-enter, the defendant had an ID card forged through a broker. Using it, the defendant obtained a passport and a Korean visa, entered the country, registered as a foreigner, and presented the same visa when leaving and re-entering. The defendant was tried on charges of deceitfully obstructing public officials who handle immigration-related duties.

How does a court rule when a deported person re-enters using a forged ID?

The defendant entered Korea in 1997 to work and was deported in 2006. He later had an ID forged through a broker and used it to get a passport and a visa, then re-entered Korea. He was tried on a charge of deceiving officials who handle immigration work and obstructing their duties. The court found his responsibility was not light, but still suspended the sentence.

How the court ruled

The court sentenced the defendant to 8 months in prison and suspended execution of the sentence for 1 year from the date the judgment becomes final. Considering the method of the offense and the degree of obstruction of official duties, it found the culpability to be not light. However, it also took into account that the defendant admitted all the charges, had no prior criminal punishment, has family to support including a mother undergoing chemotherapy, and is expected to be deported once the judgment becomes final.

What to check in a similar situation

Information on visa issuance and re-entry restrictions can be checked with immigration offices, and information on criminal court procedures can be checked with the courts.

• Find support centers
• Emergency phone numbers
• Contacts: Korea Legal Aid Corporation 132

Terms explained

Deportation

An administrative measure that removes a foreign national from the country under the law. The defendant in this case had been deported once.

Visa

A document showing permission to enter a country, issued to a foreign national before arrival.

Suspended sentence

A system where a prison term is set but its execution is put on hold for a fixed period. In this case, the period starts on the day the judgment becomes final.

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 in this case?

A Sri Lankan national who had entered Korea to work and was later deported was tried as the defendant.

How did the court rule?

The court imposed eight months in prison and suspended it for one year from the day the judgment becomes final. It also considered that he admitted all the charges, had no prior criminal punishment, and has family to support.

Does this result apply as-is to similar cases?

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