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(영문) 부산지방법원 2016.06.15 2016고단2178

제주특별자치도설치및국제자유도시조성을위한특별법위반등

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

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

Reasons

Punishment of the crime

1. If a foreigner who enters the Jeju Special Self-Governing Province without a visa from Jeju-do to stay in the Jeju Special Self-Governing Province (hereinafter referred to as "Do") for the purpose of tourism or passage in violation of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, intends to move to another area of the Republic of Korea,

The Defendant, who is a national of the People's Republic of China (hereinafter referred to as "China"), has made the proposal 5,000 to China Bracker C with the help of the said Brercers to illegally enter the Republic of China with inland transit through Jeju-do without the visa. On October 19, 2014, the Defendant, as if he entered the Republic of China for the purpose of tourism around October 19, 2014, entered the Republic of China with the Jeju International Airport located in Jeju-do without the visa.

After that, on October 26, 2014, the Defendant: (a) was under the aid of the influencies who were introduced by the said Brokis in the Brokis located outside of Jeju Island around 13:00 on October 26, 2014; (b) was concealed in the fluorg of his vehicle, and the influor was on board with the said vehicle; and (c) was out of Jeju-do and arrived at a port outside Jeju-do located outside Jeju-do of the Republic of Korea.

Accordingly, the Defendant entered the airport of Jeju-do without the above visa and moved to another area of the Republic of Korea without obtaining the permission of the Minister of Justice for extension of sojourn area.

2. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the scope of his/her sojourn status and sojourn period, and any foreigner shall obtain the status of sojourn eligible for employment activities in the Republic of Korea;

Nevertheless, the Defendant, as stated in paragraph 1, has been exempted from Jeju-do without a visa and moved to another area without a visa, continues to stay after the expiration of the period of stay on November 18, 2014, and was employed in the manufacturing factory of non-motor vehicle parts located in Kimhae-si until November 2015.