However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Defendant

A is a foreigner of Vietnam's nationality who entered the Republic of Korea on August 11, 2005 as an industrial training (D-3) and was found to have been illegally staying for about 8 years and forced to be Vietnam on April 19, 2016. Defendant B entered the Republic of Korea as a foreigner of Vietnam's nationality on May 25, 2006 and was found to have been illegally staying for about 5 years and was forced to be Vietnam on October 14, 2014.

Where a foreigner intends to enter the Republic of Korea, he/she shall undergo an entry inspection by immigration control officials at the entry or departure port.

Defendants on board and live as crew members of “D,” a grain transport line of the nationality of Pakistan, and entered around 08:0 on January 10, 2017, the said vessel, at around 08:00, to anchor at the third wharf of the Ulsan Port located in the Nam-gu, Southern-gu, Ulsan-gu, for the loading and unloading of the cargo, to enter the Republic of Korea. On January 14, 2017, at around 20:40 on January 14, 2017, Defendant B first boarded and disembarked the wire lines connected to the wharf, and Defendant A also boarded and disembarked the wire lines to the 2 wharf of the Ulsan Port, and entered the port beyond the height of the wire nets installed at that port ( approximately 4M).

Accordingly, the Defendants conspired to enter the port of entry without undergoing an entry inspection at the port of entry.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the video CD-related Acts and subordinate statutes

1. Article 93-3 subparagraph 1 and Article 12 (1) of the Immigration Control Act and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act for the suspension of execution;