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(영문) 제주지방법원 2015.5.29.선고 2015고단502 판결
제주특별자치도설치및국제자유도시조성을위한특별법위반
Cases

Violation of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Creation of Free International City

Defendant

1. A (Law No. 9 of February 9, 1979) and temporary employment at construction sites;

Nationality People's Republic of China

2. B (B on January 16, 1975) and Contacts;

Nationality People's Republic of China

3. C (BOO on April 10, 197) and Foreign Sales Board;

Nationality People's Republic of China

d. D (FO on January 12, 1974), Agriculture

Nationality People's Republic of China

5. E ( November 12, 198), self-employed;

Nationality People's Republic of China

6. F (F. 16 January 16, 1975) and man-made fibres;

Nationality People's Republic of China

Prosecutor

Kim Jong-soo (prosecution) and a trial in the case of a family;

Defense Counsel

Attorney Kang Jin-hee (the national election other than the defendant B)

Attorney Go-su (Apon for Defendant B)

Imposition of Judgment

May 29, 2015

Text

Defendant A and B shall be punished by imprisonment with prison labor for 10 months, and by imprisonment with prison labor for 6 months.

Defendant C, D, E, and F are subject to the execution of each of the above penalties for two years from the date this judgment became final and conclusive.

example.

Korea’s 50,00 won (No. 2), 10,000 won (No. 3), 10,000 won (No. 3), and 1,000 Korean dollars.

Two copies (No. 4), cellular phone (sHV-E210S) (Evidence No. 11) from Defendant A; pressure from Defendant A;

One (Evidence No. 14) of the available mobile phone (patri, MGA2K/A) shall be forfeited from Defendant B.

Reasons

Facts of crime

Defendant A entered Jeju-do as a visa on June 2014, and entered Jeju-do with an illegal stay, and is a person who works for day duty and lives at the construction site located in Jeju-do with an illegal stay; Defendant B entered Jeju-do as a visiting visa in 1998 and works for day duty and lives at the construction site; Defendant C, D, E, and F entered Jeju-do with a visa on April 2015, respectively.

피고인 A는 2015. 3. 경 스마트폰 앱 QQ를 통해 알게 된 중국인 브로커( 일명 '이사 장')부터 "사증 없이 제주도로 입국한 중국인들을 다른 지방으로 이동해 주면 중국인 1 인당 30만 원을 주겠다."는 제안을 받아 이를 승낙한 후 평소 알고 지내던 피고인 B에 게 중국인들을 제주도 밖으로 이동시켜 줄 것을 부탁하기로 마음먹고, 피고인 B에게 " 사증 없이 제주도로 입국한 중국인들을 다른 지방으로 이동을 시켜 주면 운송료로 중 국인 1인당 100만 원을 주겠다. "는 제안을 하여 피고인 B의 승낙을 받았고, 피고인 B 는 제주에서 육지로 가는 배편에 화물차를 선적할 때 검사가 소홀하니 화물차를 이용 하여 중국인들을 육지로 데리고 가주겠다고 제안하여 피고인 A의 동의를 얻었다.

Since then, Defendant A contacted with the above Chinese Bracker and sought a person from China who entered Jeju-do without a visa to land. Defendant A transferred the visa entry Chinese from the above Chinese Brer's Brer to the designated place or Defendant B at the designated place. Defendant B received the above Chinese Brer from Defendant A to move the above Chinese Duer to other domestic areas than Jeju-do, using the cargo vehicles he borrowed from the above Chinese Duer for the purpose of transmitting it to the Chinese Duer, and agreed to receive brokerage fees promised from the above Chinese Brer.

1. Joint crimes committed by Defendant A and B;

No one shall move or arrange to move a person who has not obtained permission for extension of sojourn area from Jeju Special Self-Governing Province (hereinafter referred to as "Do") to another area within the territory of the Republic of Korea after entering Jeju Special Self-Governing Province without a visa

A. On April 10, 2015, Defendant A received the communication from the said Chinese Bracker (hereinafter referred to as “one-person chief director”) to move the three male male male male to the south of Korea without a visa, and Defendant B, around April 13, 2015, went off to Jeju-do through the port of entry and completion of the Poter II inside the said Chinese Brer (hereinafter referred to as “Seoul”).

At around 06:00 on April 16, 2015, Defendant A transferred three Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese, and Defendant B transferred three Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese

As a result, the defendants entered Jeju-do without a visa in collusion with the above Chinese Bracker (one Chinese 'one chief director') and move three of the above Chinese Brers to another place within the Republic of Korea without obtaining permission for extension of the sojourn area.

B. On April 17, 2015, Defendant A, under the contact with four Chinese nationals, such as C, D, E, and F, China, who entered the Jeju road without a visa, around April 17, 2015 (hereinafter referred to as “one-time president”), sent Defendant B to Defendant B the said Chinese persons’ office, and Defendant B, around April 18, 2015, got off the Jeju road through the port of entry and completion of the said Chinese persons, along with Defendant B’s top-down Kim○, a branch of the Defendant B’s office.

On April 19, 2015, at 05:00, Defendant A moved to Defendant B and ○○○○○○○○○○○○○○○○○○, which was located in the proposal, and moved to the said ○○○○○○○○○○○○○○○○, which was located in the said ○○○○○○○○○○, with D going to the said ○○○○○○○○, and continued to go to the said ○○○○○.

Defendant A continued to move to Defendant B with the above D and E, who met with the above D and E, and moved to the above B, and Defendant B instructed the above 4 Chinese passenger to move to the cargo public parking lot located in the Dok-dong of Jeju to the above Dok-si. Defendant B instructed the above Dok-si to move to the cargo public parking lot located in the Dok-dong of Jeju to move to the above Dok-si. Defendant B was waiting for the above 4 Chinese passenger to move to the above Dok-si to the above Dok-dong. Defendant B was waiting for the above Dok-do police officer to move to the above Dok-si to the above Dok-si to the above Dok-dong. Defendant B was waiting for the above Dok-si to move to the above Dok-si to the above Dok-dong.

As a result, in collusion with China's Brazil and Kim○, the Defendants were trying to move the above four Chinese nationals to a new area within the Republic of Korea without obtaining permission for extension of sojourn area after entering the Jeju road without a visa, but did not bring about an attempted attempt.

2. Defendant C, D, E, and F

No person shall move to other areas within the territory of the Republic of Korea without obtaining the permission for extension of sojourn area after entering Jeju-do without the visa.

Defendant C: (a) around April 18, 2015; (b) around April 13, 2015; (c) around April 13, 2015; (d) around April 8, 2015; and (e) around April 15, 2015; and (d) around April 15, 2015, Defendant C entered Jeju-do without a visa; and (e) both Defendant C entered Jeju-do without a stay area permission

On April 19, 2015, the Defendants: (a) away from Jeju-do on April 19, 2015 to move to another place within the territory of the Republic of Korea; (b) concealed the body of the Defendants, as described in paragraph (1)(b) above, to load the vehicle loaded in the above inside of the train driven by the above B, as described in paragraph (1)(b). At around 07:30 on the same day, the Defendants arrived at the 6th head of the State-owned Port, and were arrested to the police officers belonging to the Jeju Sea Safety Department 1 (08:20 on the date of completion by the above B, while waiting for departure.

Accordingly, the Defendants entered Jeju-do without the visa and tried to move to another area within the territory of the Republic of Korea without the permission for the extension of the sojourn area, but failed to achieve that intent.

Summary of Evidence

1. Defendants’ legal statement

1. The boarding right of the vehicle, etc. of Hankman Ri1, and boarding right; and

1. Accusation against violators of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Creation of Free International Cities;

1. Defendant C, D, E, and F’s respective passports of the People’s Republic of China;

1. Evidential materials of seized articles;

1. Each protocol of seizure and each list of seizure;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A and B: Articles 355 (1) 1 and 158 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; Article 30 of the Criminal Act; Articles 360, 355 (1) 1 and 158 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; Articles 360, 355 (1) 1 and 158 (1) of the same Act; Article 30 of the Criminal Act

B. Defendant C, D, E, and F: each Jeju Special Self-Governing Province and the development of a free international city, Articles 360(1), 355(3)1, and 157(1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the development of a free international city

1. Aggravation for concurrent crimes;

Defendant A and B: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Suspension of execution;

Defendant C, D, E, F: Article 62(1) of each Criminal Code

1. Confiscation;

(a) Defendant A: Article 48(1)1 and 2 of the Criminal Act;

B. Defendant B: Article 48(1)1 of the Criminal Act

Reasons for sentencing

In consideration of all the following circumstances, punishment shall be determined as ordered as follows:

1. Defendant A and B

○ favorable circumstances: The defendants recognized the facts of crime and against the defendants, and the defendants against the Republic of Korea

It has no record of criminal punishment, and some of the crimes are committed against attempted crimes.

○ Unfavorable Circumstances: The instant crime is committed by a group of Chinese nationals who entered Jeju-do without a visa.

When moving to another area within the territory of the Republic of Korea without obtaining regional extension permission;

The fact that it is not appropriate to commit an attempted crime, and the defendants move or move to another place.

The number of Chinese people is not limited to seven, and the defendants are committing the crime of this case.

The fact that they have taken various benefits;

○ Other: The motive and background leading up to the instant crime, the age, character and conduct, environment, and crime of the Defendants.

The circumstances before and after

2. Defendant C, D, E, and F

○ favorable circumstances: The defendants recognized the facts of crime and against the defendants, and the defendants against the Republic of Korea

It has no record of criminal punishment, and the crime of this case is committed with an attempted crime.

○ Unfavorable Circumstances: The instant crime was committed with the purpose of illegal employment, etc. after entering Jeju-do without a visa.

(1) is intended to move to another area within the territory of the Republic of Korea without the permission of extension of sojourn area.

that it is not appropriate to commit an attempted crime;

○ Other: The motive and background leading up to the instant crime, the age, character and conduct, environment, and crime of the Defendants.

The circumstances before and after

Judges

Freeboard Kim

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