제주특별자치도설치및국제자유도시조성을위한특별법위반등
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.
Punishment of the crime
1. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limit of his/her sojourn status and sojourn period;
Nevertheless, the Defendant, on January 12, 2016, entered the Jeju Special Self-Governing Province without a visa for tourism purposes, and stayed in the Republic of Korea beyond the period of stay from February 11, 2016 to March 30, 2017, without a visa for the period of stay. < Amended by Act No. 14079, Feb. 12, 2016>
2. If a foreigner who enters the Jeju Special Self-Governing Province without a visa intends to move to another area within the territory of the Republic of Korea for the purpose of tourism in violation of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, transit, etc.
On January 12, 2016, the Defendant, without a visa, entered the Jeju Special Self-Governing Province without a visa, was living in the Buddhist area not exceeding Jeju, and was living in Jeju Special Self-Governing Province on January 20, 2017, and could illegally move to land by deceiving Vietnam's nationality C, which became aware of in Jeju-do on January 20, 2017.
Around 00:00 on January 23, 2017, after having arrived at the Hannam Forest Port located in Jeju-si, Korea-si, and after having received D's instruction, which was introduced by C, around 01:00 on the same day, he sent to the crew bedroom of fishing vessel E with C, and then moved to D and C after having arrived at the port of Gyeongnam-si, other regions located in the Republic of Korea, around 15:00 on January 26, 2017.
Accordingly, the defendant entered the Jeju Special Self-Governing Province without the visa and moved to another area within the territory of the Republic of Korea without the permission of extension of sojourn area to the Minister of Justice.
Summary of Evidence
1. Statement by the defendant in court;
1. Accusation against violators of the Jeju Special Self-Governing Province Establishment Act;
1. A tax inquiry for alien identification information;
1. Investigation report ( telephone conversations with witnesses);
1. Application of Acts and subordinate statutes to photographs taken to illegal mobile fishing vessels at the time of flight;
1. Article 470 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, which applies to the facts of crime;