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(영문) 서울중앙지방법원 2015.05.22 2015고단2122

출입국관리법위반

Text

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

Reasons

Punishment of the crime

The defendant is a foreigner of Cambodia.

1. Illegal entry or departure;

(a) A foreigner shall undergo a departure inspection at the entry and departure port where he departs with a valid passport;

While the Defendant intended to obtain money from the Republic of Korea, but was unable to obtain a passport in a normal way, the Defendant entered the Republic of Korea on September 1, 2004 by using a passport in the name of “C”, which is a passport made in the name of another person by an irregular means, and illegally staying in the Republic of Korea, the Defendant left the Republic of Korea on December 28, 2010 using the above passport at the Incheon State’s provision port.

Accordingly, the defendant left Korea at the port of entry and departure with a valid passport without undergoing a departure inspection by an immigration control official.

(b) When a foreigner enters the Republic of Korea, he/she shall hold a valid passport and a visa issued by the Minister of Justice;

When the Defendant was unable to enter the Republic of Korea for two years due to such unlawful stay as described in the preceding paragraph, on January 201, the Defendant asked D (D, December 16, 2011) to assist him to enter the Republic of Korea at a coffee shop located in Cambodia, and entered the Incheon International Airport by using the said passport on February 27, 2011.

In addition, from that time until March 26, 2015, the Defendant entered the Republic of Korea through the Incheon International Airport in total of 14 times, such as the list of crimes (1) in attached Form 1.

Accordingly, the defendant entered Korea without a valid passport over 14 times in total.

(c) A foreigner shall undergo a departure inspection at the entry and departure port where he departs from the Republic of Korea with a valid passport;