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(영문) 부산지방법원 2016.04.20 2016고단957

출입국관리법위반

Text

A defendant shall be punished by imprisonment for not more than ten 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 intends to enter Korea, he/she shall undergo an entry inspection by an immigration control official at the entry or departure port;

Nevertheless, the Defendant, a foreigner of Chinese nationality, was unable to enter the Republic of Korea due to the past illegal stay in the Republic of Korea, and was introduced to C through an influorous brosher without undergoing an entry inspection, and was on August 31, 2015, around 17:40, when he was on board the D affiliated “E” with which he was at anchor in China, and was concealed in the ship’s room with the aid of C, the captain of the above ship, and entered the port of the south on September 20, 2015, without undergoing an entry inspection in the way of getting out of the wharf where C was prepared, when the vessel entered the port of the south on September 2, 2015.

2. If a foreigner intends to find a job in the Republic of Korea, he/she shall obtain the sojourn qualification prescribed by Presidential Decree;

Nevertheless, the Defendant did not obtain a stay permit to engage in job-seeking activities, and was employed as a captain from October 5, 2015 to February 15, 2016 at the “H restaurant” operated by G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation of an immigration offender;

1. The current status of entry into and departure from C and the current status of entry into and departure from E;

1. Application of statutes to a written employment statement or a copy of a notice of decision on examining an immigration offender;

1. Relevant Article of the Act and subparagraphs 1, 12 (1), 94 subparagraph 8, and 18 (1) of the Immigration Control Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution is committed by the Defendant as a Chinese, and as such, the Defendant was engaged in illegal employment with smuggling in the Republic of Korea.

However, it is against the defendant, there is no record of punishment in the Republic of Korea, and there is any other reason.