출입국관리법위반
Defendants shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Defendant
A and Defendant B are persons of Indonesia nationality who are seafarers of C, the deep-sea fishing vessel of the Republic of Korea, who are seafarers of the Republic of Korea.
Where a foreigner intends to enter, he/she shall submit a passport and an entry report to an immigration control official to undergo an entry inspection at the entry and departure port.
Nevertheless, the Defendants: (a) anchored at the front wharf of E in Busan Young-gu, Busan for the repair of the ship; (b) had the mind to enter the ship for illegal employment in the Republic of Korea; (c) contacted F, who is the seat of Indonesia nationality staying in the Republic of Korea on November 20, 202, and asked F to arrange employment upon receiving F’s address.
On November 22, 2020, at around 16:00, the Defendants: (a) loaded the surveillance of security guards on a ship placed to prevent seafarers from leaving the ship without permission; (b) landed the bridge from the C deck to land on the ship; and (c) entered the Republic of Korea on the same day; and (d) moved from the G in front of the Seo-gu in Busan, Busan, to the Gyeong-si, the address of which F was known to the public.
Accordingly, the Defendants conspired to enter the Republic of Korea without undergoing an entry inspection at the entry port of entry.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of Acts and subordinate statutes governing reports on the occurrence of deviation from Indonesia crew's without permission, details, copies of passport, output of a port entry report, list of crew members, personal immigration status, and internal investigation reports (verification of unauthorized escape and escape, tracking of the whereabouts of two Indonesia, CCTV photographs, respective registered alien records marks, immigration offenders charges;
1. Relevant Article of the relevant Act and Articles 93-3 subparagraph 1 and 12 (1) of the Immigration Control Act, Article 30 of the Criminal Act, and the choice of imprisonment for a crime;
1. The crime of this case, which entered the Republic of Korea for the reason of sentencing under Article 62(1) of the Criminal Act, and stayed for a certain period, may impair the safe border control through the immigration control of the Republic of Korea, and the maintenance of social security and order.