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(영문) 인천지방법원 2016.06.09 2016고단1896

출입국관리법위반

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A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding one million won.

However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any foreigner who violates the Immigration Control Act due to illegal sojourn may sojourn in the Republic of Korea within the limits of his/her sojourn status and period of sojourn;

On February 27, 2007, the Defendant, a Chinese national foreigner, entered the Republic of Korea as a non-professional employment (E-9) visa around February 27, 2007, and stayed in the Republic of Korea without the status of stay from that time until April 5, 2016, even though the period of stay expires by June 21, 2007.

2. No person shall conceal or allow any foreigner who has illegally entered the Republic of Korea to flee from the Republic of Korea under the Immigration Control Act by concealment or escape of such foreigner;

On January 5, 2016, the Defendant, via the Incheon Port, called “the escape to Korea” through the mobile phone Messenger from 07:00, the Defendant, despite being aware that he/she was a person entering the country of smuggling, provided that he/she was able to go to Da’s house by requesting Da to Do, and continued to go to go to Do’s house. At around 21:00 on the same day, D had Do go to the south-gu located in the Dong-gu Seoul Metropolitan City, Guro-gu, Seoul, Seoul, to 303 housing, and provided his/her residence while living together with Da, and around January 24, 2016, C concluded a lease agreement with her neighboring 205 housing of Geumcheon-gu, Geumcheon-gu, Seoul. < Amended by Act No. 14303, Jan. 24, 2016>

Accordingly, the defendant concealed and escaped a foreigner who illegally entered the Republic of Korea.

3. No person who violates the Immigration Control Act by illegally arranging or recommending employment of foreigners shall arrange or solicit the employment of foreigners who fail to obtain the status of sojourn eligible for employment activities;

Although the defendant knows that C, a foreigner of Chinese nationality, does not have the status of stay to engage in job-seeking activities after illegally entering the Republic of Korea, the defendant is against the South-gu Seoul Guro-gu, Guro-gu, Seoul around January 6, 2016.