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(영문) 인천지방법원 2016.04.21 2016고단794
출입국관리법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, who was a national of the People's Republic of China (hereinafter referred to as "China"), and entered the Republic of Korea on January 17, 2013, with the Japanese visa obtained from Japan and went through the Incheon International Airport, is a person who enters the Republic of Korea as a general visa (B-2 and the expiration date of the period of stay: February 16, 2013) by pretending to go to China through the Incheon International Airport.

1. Any foreigner violating the Immigration Control Act due to an illegal sojourn may sojourn in the Republic of Korea within the limit of his/her sojourn status and the period of sojourn;

On January 17, 2013, the Defendant entered the Republic of Korea as a general non-official certificate and stayed illegally without changing the status of stay after February 16, 2013, which was the day on which the period of stay expires, in order to engage in job-seeking activities, and was arrested on February 13, 2016 to the employees belonging to the Incheon Airport Immigration Management Office.

Accordingly, the Defendant stayed in Korea without status of stay from February 17, 2013 to February 13, 2016.

2. No person shall conceal or allow any foreigner who illegally enters the Republic of Korea in violation of the Immigration Control Act by concealment or escape of such foreigner;

On January 21, 2016, the Defendant received the request from C, a visa broker in China, to help him/her settle down in the Republic of Korea on January 21, 2016 (each indictment of detention on February 19, 2016).

On January 21, 2016, at around 03:00, the Defendant sent D and E on the street near the river basin in the Southern-gu, Chungcheongnam-gu, Nam-gu, the Defendant’s residence, and entered D and E without undergoing an entry inspection at the port of entry and departure from D and E.

On January 21, 2016, the Defendant arranged a residential area by allowing D and E to enter into a provisional lease agreement with the Nam-gu G and 201, Nam-gu, South-gu, Seoul, and the Defendant, at around 09:00 on January 21, 2016. On January 22, 2016, the Defendant sent a cell phone opened in the name of H to D by requesting the Defendant-friendly Chinese job-friendly Korean national H to leave the cell phone in the name of H.

This is the defendant.

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