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(영문) 부산지방법원 2017.11.08 2017고단4482
출입국관리법위반
Text

Defendants shall be punished by imprisonment for one year.

However, the Defendants are above two years from the date when this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Joint crimes committed by Defendant A, Defendant B, Defendant C, and Defendant D: In the event that an illegally entry foreigner intends to enter the Republic of Korea, the foreigner shall undergo an entry inspection conducted by immigration control officials at the entry and departure port.

Nevertheless, on July 24, 2017, around 04:00, the Defendants, as the crew of H, who is a large national vessel, were anchored at the port N-3 cemetery in Busan, with the intent to illegally enter the Republic of Korea by leaving the said vessel on the ground that the said vessel was anchored for repair at the port N-3 cemetery in Busan. At around 23:00 of the same month, the Defendants were able to illegally enter the Republic of Korea, with the intent to leave the said vessel and leave the line installed at the aft of H on the 23:00 of the same month, and, at the same time,

7. 25. 02:00 on the land connected to the end of the end of the sea base of the Dong-dong-dong, Busan Metropolitan City, and then getting out of the taxi due to the following knsan-si.

Accordingly, the Defendants conspired to enter the Republic of Korea without undergoing an entry inspection by immigration control officials at the port of entry or departure.

2. Defendant A: An illegal sojourn or illegal employment foreigner may sojourn in the Republic of Korea within the scope of the sojourn status and the period of sojourn, and an employment foreigner shall obtain the status of sojourn eligible for employment activities in the Republic of Korea.

Nevertheless, around 02:00 on July 25, 2017, the Defendant left the Republic of Korea without permission as described in the above paragraph (1) and stayed without status of stay in the former North Korea, North Korea, and North Korea, from August 3, 2017. On August 1, 2017, the Defendant was employed as a full-time worker who, around August 1, 2017, came to receive KRW 11-120,000 per day at the construction site of apartment houses located in the South Ycheoncheon apartment located in the past, and was engaged in combining steel bars.

Accordingly, the Defendant, as seen above, stayed in excess of the scope of the status of sojourn and the period of sojourn, and was engaged in job-seeking activities without obtaining the status of sojourn eligible for job-seeking activities.

3. Defendant B: The illegal stay and illegal employment foreigners may stay in the Republic of Korea within the scope of their sojourn status and sojourn period, and in the Republic of Korea.

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