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(영문) 부산지방법원 2017.03.29 2017고단786

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, with the help of Broker, thought to illegally enter the Republic of Korea via inland through Jeju-do without a visa, starting from the Republic of Korea on January 12, 2016, with the best possible entry into the Republic of Korea for tourism purposes, and entered Jeju International Airport located in Jeju-do without a visa.

After that, on January 13, 2016, the Defendant: (a) sent USD 3,000 to Broroker Brer Ba in the French territory of Jeju-do; (b) and (c) pretended to be a non-foreign foreigner registration certificate prepared by her women as well as a domestic passenger registration certificate and a domestic passenger registration certificate; and (d) went out of Jeju-do around that time to board an aircraft in the above airport; and (b) arrived at an unclaimed airport located outside Jeju-do of the Republic of Korea outside Jeju-do.

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 continued to stay in Jeju-do on February 11, 2016, after he exceeded Jeju-do without a visa, and moved to another area without a visa.

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;

1.The investigation report (in the face of entry and the place of stay)-individual.