출입국관리법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On February 11, 2009, the defendant was issued a summary order of KRW 3 million on the grounds that he/she was a foreigner with the nationality of the People's Republic of China, and was forced to leave the Republic of Korea on January 11, 2010.
When the Defendant was forced to leave the Republic of Korea and could not enter the Republic of Korea within five years as above, the Defendant obtained the permission for the change of the name of “A” and the date of birth from “A” to “D” in the official territory of the Republic of China of the Republic of China of the Republic of China, and obtained the passport of the People’s Republic of China and the visa of the Republic of Korea on the grounds of marriage with F of the Republic of Korea nationality.
On December 4, 2010, the Defendant entered the Republic of Korea with a visa issued in the name of “A” through a Incheon International Passenger Terminal located at 88, Jung-gu Incheon Coast Terminal, and obtained permission for extension of the period of stay until December 4, 2013.
Nevertheless, on December 5, 2013, the Defendant continued to stay in the Republic of Korea as a member of Seoul and Gyeonggi-do by October 2, 2015, which was the date on which the Defendant requested the suspension of departure without obtaining permission to extend the period of stay for the period of stay after the date of such request.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the protocol concerning the examination of the suspect against the defendant;
1. A written accusation;
1. A copy of the business briefing session, list of materials on foreign crimes and investigation experience, materials on alien registration, marriage-related certificates, personal immigration status, response to duties, and attachment report;
1. Application of Acts and subordinate statutes to a copy of a marriage declaration or a notarized document;
1. Article 94 of the relevant Act on criminal facts and Articles 94 subparagraph 17 and 25 of the Immigration Control Act on the selection of punishment;
1. The instant crime committed by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act, based on the following facts: (a) continuously staying illegally in the Republic of Korea members, such as Seoul and Gyeonggi Games, for at least two years without obtaining permission for extension of the period of stay after December 5, 2013; (b) thereby hindering legitimate immigration control; and (c) disturbing entry and departure control order.