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(영문) 창원지방법원 2017.03.29 2017고단570

출입국관리법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

No foreigner shall violate any condition on landing permission for tourism on a passenger transport vessel for up to three days, or stay outside the scope of his/her status of sojourn or period of sojourn.

The defendant is a foreigner of the nationality of the People's Republic of China, and a foreigner's passenger boarding a passenger transport vessel making a tour and operating internationally in the seas of the Republic of Korea and foreign countries, which he/she becomes aware of through the Chinese search portal site C, may stay with permission for up to three days, if the captain of the vessel or forwarder files an application for landing permission.

After becoming aware of the fact that “the tourism permission system” was to be used in collusion with a person with an infinite name to enter the Republic of Korea using the above tourism landing permission system and to be employed in the Republic of Korea.

Accordingly, on October 29, 2012, the Defendant embarked on a D passenger ship at the upper right level and entered Jeju-do on the same day, and entered Jeju-do on October 30, 2012, and immediately landed at the Busan-do port, Busan-1), and stayed in the Republic of Korea, such as Jinju, Busan-do, and Changwon, from around that time until February 14, 2017, when the Defendant arrived at the Busan-do port located in Busan-do on October 30, 2012.

Accordingly, the defendant violated the conditions of landing permission for tourism in collusion with a person without name, and stayed in the Republic of Korea beyond the scope of the status of sojourn and the period of sojourn.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes on the list of individual immigration status;

1. Article 94 subparagraph 6 of the relevant Act, Articles 14-2 (3) and 14-2 (3) of the Immigration Control Act, Article 30 of the Criminal Act, Article 94 subparagraph 7 and Article 17 (1) of the Immigration Control Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, the selection of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.