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(영문) 제주지방법원 2016.04.20 2016고단156

출입국관리법위반

Text

A defendant shall be punished by imprisonment for one year.

Seized one copy of the Vietnamese passport (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The Defendant was forced to depart from the Republic of Korea on March 10, 2010 due to the detection of illegal stay.

1. On March 15, 2015, the Defendant violated the Immigration Control Act by using a forged passport, following entry inspections conducted by presenting a passport in the name of “C” (a passport number: D, name: C, date of birth: E, etc.) in the Jeju International Airport Entry Screening Site located in Jeju city, and a passport in the name of “C” forged through Vietnam, to which he/she is present, to the immigration examiner who entered the relevant place.

Therefore, although the defendant did not have a valid passport, he entered the country.

2. On March 15, 2015, the Defendant violated the Immigration Control Act due to his/her stay in excess of the period of stay, entered the Republic of Korea under the said Jeju International Public Port, Jeju-2 (B-2) Status of Stay (the period of stay: from March 15, 2015 to April 14, 2015).

Since then, the Defendant continued to stay in the Jeju Special Self-Governing Province without departing from the Republic of Korea from April 15, 2015 to January 13, 2016.

Accordingly, the defendant exceeded the period of stay and stayed in Korea.

3. Around January 12, 2016, the Defendant violated the Immigration Control Act by an act under his/her control, with a view to arranging five persons Vietnam, including G, H, I, J, and K, who entered the Defendant’s residence located in the said Jeju F, with the intent to arrange for employment on the construction site, at the construction site, at the Defendant’s residence located in the said Jeju F, with the aim of arranging five persons, such as G, H, I, J, and K, who entered the said place, and allowing the Defendant to escape from the control of immigration control offices, etc. by hiding themselves from the 15th of the same month.

In addition, the Defendant had Vietnam, including the above G, contact the family members, etc. of the above Vietnam in Vietnam using the term "ZLO" set up in the Defendant's mobile phone, and paid 10,500 U.S. dollars to the persons in default of the name of Vietnam in return for employment mediation.

As a result, the defendant is a foreigner of Vietnam's nationality who does not have the status of sojourn eligible for employment activities.