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(영문) 부산지방법원 2017.03.29 2017고단737

제주특별자치도설치및국제자유도시조성을위한특별법위반등

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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.

Reasons

Punishment of the crime

1. If a foreigner who enters the Jeju Special Self-Governing Province without a visa from Jeju-do to stay in the Jeju Special Self-Governing Province (hereinafter referred to as "Do") for the purpose of tourism or passage in violation of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, intends to move to another area of the Republic of Korea,

The Defendant, a foreigner of Vietnam’s nationality, entered Vietnam with the help of Brokers to USD 13,00 and agreed to illegally sojourn after having entered Jeju-do as group tourists. On January 12, 2016, the Defendant began with the best entry into Vietnam for tourism purposes and entered Jeju-do with the aircraft without a visa. < Amended by Act No. 1377, Jan. 12, 2016>

Around that time, the Defendant went away from the group tourists and worked in a fry field not exceeding Jeju-do. On October 10, 2016, the Defendant was on board a fishing vessel of 1,500,000 won for the payment of 1,50,000 won to Vietnam, and on his/her boarding at a Seongdong-si port located outside Jeju-do, and arrived at a port near the port located outside Jeju-do of the Republic of Korea.

Accordingly, the Defendant entered the airport of Jeju-do without the above visa and moved to another area of the Republic of Korea without obtaining the permission of the Minister of Justice for extension of sojourn area.

2. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limits of the status and period of sojourn.

Nevertheless, the Defendant, without a visa, entered Jeju-do without a visa, went out of Jeju-do and continued to stay on February 11, 2016 after the lapse of the period of stay.

Accordingly, the defendant was staying in excess of the scope of the period of stay as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation of an immigration offender;