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(영문) 창원지방법원 2016.07.07 2016고단1627
제주특별자치도설치및국제자유도시조성을위한특별법위반등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Any foreigner who enters an airport or harbor of the Jeju Special Self-Governing Province without a visa to stay in the Jeju Special Self-Governing Province for the purpose of tourism, passage, etc., shall obtain permission for the extension of sojourn area from the Minister of Justice, if he/she intends to move to another area within the territory of the Republic of Korea, and no foreigner shall stay outside the sojourn status or sojourn period.

The defendant, who was living in the city of Maternia in China, was living in Jeju Special Self-Governing Province without obtaining permission for extension of the sojourn area by departing from Jeju Special Self-Governing Province to the inland area without obtaining permission for extension of sojourn area, and was willing to get employed while illegally staying in the Republic of Korea.

On November 5, 2015, the Defendant entered Jeju Special Self-Governing Province for the purpose of sojourn B-2 (tourism and transit) and on December 14, 2015, at Jeju Special Self-Governing Province for the purpose of sojourn 30 days and at around 18:00 on December 14, 2015, the Defendant pushed the cargo at the port of Jeju Special Self-Governing Province in a hidden manner to the cargo vehicle scheduled to be loaded to C, which is a cargo vessel, and stayed in the Republic of Korea, from that time to May 24, 2016, after arriving at the port of Jeju Special Self-Governing Province for the transportation of the cargo vessel, at the port of Jeju Special Self-Governing Province for the transportation of the cargo vessel, at the port of Jeju Special Self-Governing Province for the transportation of the cargo vessel, at the port of loading on December 15, 2015.

Accordingly, the defendant moved in the Jeju Special Self-Governing Province to another area within the Republic of Korea without obtaining permission for extension of sojourn area from the Minister of Justice, and stayed in the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Status of individual entry or departure;

1. Application of Acts and subordinate statutes to a criminal investigation report (a report attaching a charge under the name of the head of the original immigration control station);

1. Article 470(3)1 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City on Criminal Facts, Article 470(3)1 of the Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City and Article 198(1)7 of the Immigration Control Act and Article 94 Subparag. 7 and Article 17(1) of the Immigration Control Act (illegal stay).

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