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(영문) 창원지방법원 2014.06.17 2014고단1195

제주특별자치도설치및국제자유도시조성을위한특별법위반

Text

1. The Defendants shall be punished by imprisonment for six months.

2. However, it is against the Defendants for two years from the date of this decision.

Reasons

Punishment of the crime

If a foreigner who enters the airport or harbor of Jeju Special Self-Governing Province without a visa to sojourn in Jeju-do for tourism intends to move to another area within the territory of the Republic of Korea, the foreigner shall obtain permission for extension of sojourn area from the Minister of Justice

The Defendants came to know at Washington around 2009, and thereafter came to know in 2009, and thereafter, entered the airport of Jeju Special Self-Governing Province without a visa and moved to Changwon. The Defendants were able to enter the airport of Jeju Special Self-Governing Province without a visa with a recommendation of Broker (one name “D”; hereinafter “D”).

On November 7, 2013, the Defendants entered the Jeju Port located in Jeju Special Self-Governing Province without a visa, and sent two days off to the inn designated by the Korean male who is connected D.

On November 9, 2013, at around 18:00, the Defendants: (a) embarked along with the above Korean male who is the Republic of Korea, leaving a ship as Jeju-do heading port on November 10, 2013; (b) arrived at a bus stop with the above Korean male on November 10, 2013; and (c) arrived at the Changwon bus stop, which is located in the line of the window of Changwon-si, Changwon-si at around 19:00.

Accordingly, Defendants conspired to enter the airport of Jeju Special Self-Governing Province without visa and moved to another area within the territory of the Republic of Korea without obtaining permission for extension of sojourn area.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of a protocol of police interrogation regarding E;

1. Application of Acts and subordinate statutes to detailed records of entry or departure of foreigners in short-term stay, and individual entry or departure status;

1. Article 355 (3) 1 and Article 157 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City concerning facts constituting an offense and Article 30 of the Criminal Act;

1. The instant crime committed by the Defendants on the grounds of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing) is committed by Jeju Special Self-Governing Province.