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(영문) 부산지방법원 2015.12.23 2015고단7090
제주특별자치도설치및국제자유도시조성을위한특별법위반등
Text

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

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

Reasons

Punishment of the crime

1. Where any foreigner who enters the airport or harbor of the Jeju Special Self-Governing Province without a visa intends to move to another area within the territory of the Republic of Korea, without a visa, to stay in the Jeju Special Self-Governing Province for tourism in violation of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development

After entering Jeju-do without the visa, the defendant had a mind to move to Ansan-si for illegal employment without obtaining the permission for extension of sojourn area.

On June 24, 2013, the defendant, without a visa, entered the Jeju International Airport from North China to the Jeju International Airport, moved to the port from which he or she is unable to arrange his or her name, and arrived at the land through an insular port around 08:00 of the same month on the 25th day of the same month, and arrived at the time of Ansan around 03:0 of the same month.

Accordingly, the defendant entered Jeju Special Self-Governing Province without visa and moved to another area without obtaining permission for extension of sojourn area.

2. If a foreigner violating the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree;

Nevertheless, the Defendant, even though there was no status of stay to engage in job-seeking activities, worked as electrical contact in E operated by D, which was located in Kimhae-si C from August 1, 2015 to October 21, 2015, and performed job-seeking activities.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Report on internal investigation (place of stay) - Entry and departure records, and entry records;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 355 (3) 1 and Article 157 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Creation of Free International City for Criminal Facts; Articles 94 subparagraph 8 and 18 (1) of the Immigration Control Act; Articles 18 (1) of the Immigration Control Act; the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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