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(영문) 부산지방법원 2015.12.23 2015고단6369
제주특별자치도설치및국제자유도시조성을위한특별법위반등
Text

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.

Reasons

Punishment of the crime

On September 25, 2008, the Defendant entered the Republic of Korea as a short-term comprehensive sojourn status on October 10, 2008, and had been forced to leave on June 18, 2010 while illegally staying in excess of the expiration date of the period of sojourn. The Defendant was willing to enter the Republic of Korea through the Jeju Airport using a false passport with the Defendant’s photograph attached to his/her name, and to move to another domestic area.

1. On October 8, 2010, the Defendant violated the Immigration Control Act, at the Jeju Special Self-Governing Province Jeju city 2002 Jeju International Airport entry inspection site, presented the forged passport to an immigration examiner to undergo an entry inspection, and thereafter entered the country as a tourist transit and sojourn status.

Accordingly, the defendant entered the Republic of Korea using an unregistered passport.

2. The Defendant, who violated the Special Act on the Establishment of Jeju Special Self-Governing Province and the Creation of Free International City, entered the Republic of Korea as above with tourist transit and sojourn status, and, on October 9, 2010, moved to a place where it is impossible to identify the full name of the Defendant through a cargo vehicle container, according to the instruction of the person who could not know the name of the Defendant through the said entry brokerage channel, and moved to a place where it is impossible to identify the

Accordingly, the defendant entered the airport of Jeju Self-Governing Province with tourist transit and sojourn status, and moved to another area within the territory of the Republic of Korea without obtaining permission from the Minister of Justice for extension of sojourn area.

3. The Defendant violated the Immigration Control Act, around October 8, 2010, entered the Republic of Korea into the Republic of Korea as indicated in the foregoing Paragraph (1), and continued to stay in the Republic of Korea until September 22, 2015 without departing from the Republic of Korea, even though the period of stay was 30 days as of November 7, 2010.

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

Summary of Evidence

1. Defendant's legal statement;

1. Accusation of an immigration offender;

1. Investigation Report (Staying) - Comprehensive Record Inquiry of Persons Related to Entry and Departure, and the status of entry and departure of each individual.

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