A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant is a foreigner of the People’s Republic of China’s nationality.

On September 29, 2002, when the Defendant entered the Republic of Korea through the Incheon Airport and was staying in Korea beyond the period of sojourn on July 31, 2004, the Defendant reported the illegal stay to the Republic of Korea on and around July 31, 2004, and left the Incheon Airport through the Incheon Airport. On August 21, 2004, the Defendant, while entering the Republic of Korea through the Incheon Airport around August 21, 2004, when he was staying in Korea beyond the period of sojourn, was unable to enter the Republic of Korea through the Incheon Airport on October 17, 2008.

2. Criminal facts;

(a) Where a foreigner intends to enter, he/she shall undergo an entry inspection at the entry and departure port of entry;

피고인은 2013. 11. 하순경 중화인민공화국 이하 불상지에서 성명불상의 밀항알선브로커(일명 ‘B’)에게 10만 위안(한화 약 2,000만 원 상당)의 알선료를 지급한 다음 위 브로커의 안내에 따라 중화인민공화국 다롄항에서 불상의 어선에 승선하여 약 3일간 항해 후 불상의 해상에서 불상의 선박으로 갈아타고 부산항을 통해 입국심사 없이 대한민국에 입국하였다.

Accordingly, the Defendant entered the Republic of Korea at the entry port of entry and departure without entry inspection by immigration control officials.

(b) Any foreigner may sojourn in the Republic of Korea within the limits of his/her status and period of sojourn.

On November 2013, the Defendant, while entering the Republic of Korea without undergoing an entry inspection as described in the above Paragraph (1) and without undergoing the status of stay and the period of stay, stayed without the status of stay from around that time until March 17, 2020.

Accordingly, the defendant was staying in Korea beyond the scope of the status or the period of sojourn.

Summary of Evidence

1. The defendant's legal statement; 1.1.