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(영문) 서울중앙지방법원 2019.07.17 2019고단3414

출입국관리법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 9, 200, the Defendant obtained the qualification for non-professional employment (E-9) on November 13, 2003 through voluntary declarations while entering the Republic of Korea as a short-term comprehensive (C-3) qualification on November 9, 2000 and staying there over the period of stay, and voluntarily departing from the Republic of Korea on January 7, 2005. Since it is difficult to obtain the status of stay that allows the Defendant to engage in employment in the Republic of Korea thereafter, the Defendant is a foreigner of Chinese nationality who entered the Republic of Korea under the name of another person "B" on June 7, 2008 and illegally was discovered while engaging in employment. < Amended by Presidential Decree No. 23590, Feb. 14, 2012>

Criminal facts

1. If a smuggling foreigner intends to enter the Republic of Korea, he/she shall undergo an entry inspection at the entry and departure port of entry;

Nevertheless, the Defendant paid 80,000 bills to the business operator arranging smuggling entry (an amount equivalent to KRW 15,00,000) that he learned through the Internet site, and had the intent to enter the Republic of Korea smuggling. On May 2015, 2015, the Defendant left a fishing vessel of which the business operator arranging smuggling entry in the name in the name of the Republic of Korea was on board, and left a port beyond the border of the Republic of Korea, after approximately seven days from the date on which he was on board the vessel of which he was on board, and went away from the port by using a vehicle of which a seafarer not under his name was provided without undergoing an entry inspection and without undergoing an entry inspection.

Accordingly, the Defendant entered the port of entry without undergoing an entry inspection by an immigration control official.

2. If an illegally employed foreigner intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities;

Nevertheless, the Defendant did not obtain the status of stay eligible for job-seeking activities, and received KRW 2.5 million per month from “D” located in Seongdong-gu Seoul Metropolitan Government from February 15, 2019 to May 9, 2019 and performed job-seeking activities.

As a result, the defendant did not obtain the status of stay that he could engage in job-seeking activities in the Republic of Korea.

Summary of Evidence

1. The defendant;