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.

The defendant, who is a national of the People's Republic of China (hereinafter referred to as "China"), wanting to enter and work in the Republic of Korea, but has previously been illegally staying, making it difficult to receive an employment visa in a normal manner.

Upon the judgment, the crew of a ship entering the Republic of Korea was employed as a crew of a ship entering the Republic of Korea, and was able to enter the country by using the gap where surveillance is neglected.

On February 17, 2017, the Defendant was employed as a seafarer on the “C” cargo ship with the nationality of Pakistan and was on board the ship, and on February 19, 2017, at around 11:30, the said ship entered the three wharfs of the Incheon Jung-gu Incheon port located in Jung-gu and was at anchor. On the same day, around 17:30, the Defendant was found to be exposed to security guards who was on patrol while leaving the ship without permission and trying to fly beyond the 5 seconds near the 5 seconds.

Accordingly, the Defendant entered Korea without undergoing entry inspection by immigration control officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of a photographic act and subordinate statutes to a immigration offender after examining and examining the immigration offender, a written notice of examination and decision, a statement of the crew, a list of navigation routes, a copy of the suspect crew pocket book, or a copy of a smuggling entry video

1. Even though the Defendant had been forced to leave and enter the Republic of Korea during the long-term illegal stay, the Defendant committed a crime of smuggling under the disguised entry and departure of crew members. The reason for sentencing of punishment by imprisonment under Article 93-3 subparag. 1 and Article 12(1) of the Immigration Control Act regarding the relevant criminal facts, the Defendant committed a crime under the disguised entry of crew members.

The punishment for six months shall be imposed on the accused in consideration of the degree of disturbing entry and departure order, possibility of recidivism, personality and conduct of the accused, etc.