Ruling imposing actual (non-suspended) prison sentences on defendants who re-entered Korea under changed names and birth dates after deportation

Who this helps

This may help people wondering how a court ruled when someone re-entered Korea under a changed name and birth date after deportation.

Case overview

Case number

2012고단3153

Court

Seoul Central District Court

Posted on original board

Aug 31, 2012 (Fri)

Topic

Criminal Cases

Original title (Korean)

대한민국에서 강제퇴거되어 입국이 금지되자 이름과 생년월일을 변경한 위명(僞名)의 호구부, 중국 여권을 발급받고, 이를 근거로 사증을…

The defendants were deported from the Republic of Korea and banned from entering. They then used irregular means with Chinese authorities to obtain household registers (hukou) with changed names and birth dates, and obtained Chinese passports in the changed names from Chinese diplomatic authorities. On that basis they received F-1 (visiting and residing) and H-2 (working visit) visas, entered the country, and completed foreign resident registration. The charge is that by this deception they obstructed the lawful duties of the officials in charge of visa issuance, foreign resident registration, and naturalization approval.

What kind of ruling follows re-entry after deportation under a changed name and birth date?

The defendants were barred from entering Korea after deportation. They then obtained Chinese household registers and Chinese passports with changed names and birth dates. Using these, they got F-1 (visiting family) and H-2 (working visit) visas, entered Korea and registered as foreigners. The question was whether this deception obstructed the lawful work of officials handling visas, alien registration and naturalization. The court found the officials were deceived through identity laundering and imposed actual prison sentences.

How the court ruled

The court found that the defendants, whose entry was restricted because of prior criminal records, deceived the officials in charge through so-called identity laundering. It took into account that they obtained visas, re-entered and completed foreign resident registration, or acquired Korean nationality, harming the immigration order and other interests. The court imposed actual (non-suspended) prison sentences within the range of the sentencing guidelines.

What to check in a similar situation

What kind of review is carried out in procedures such as visa issuance, alien registration and naturalization permits can be found in public materials from immigration and foreign-resident offices and from the courts.

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

Terms explained

Deportation

A measure that forcibly removes a foreign national from the country under the law. In this case, later entry was also barred.

Visa

An entry permission document that a person obtains in advance when planning to enter a foreign country.

Obstruction of official duties by deception

A crime of using deceit to interfere with the lawful work of public officials.

Actual prison sentence

A judgment under which the sentence is actually served, not postponed.

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

What did the defendants do in this case?

After being barred from entry by deportation, they obtained Chinese household registers and passports with changed names and birth dates. Using these, they got visas, re-entered Korea and registered as foreigners.

How did the court rule?

The court found that, while restricted from entry due to prior offenses, the defendants deceived the officials in charge through identity laundering. It imposed actual prison sentences within the sentencing guidelines range.

Does this result apply directly to similar cases?

No. This ruling is a decision on that particular case and does not apply directly to other cases.