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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, while residing in Canada around July 2018, was trying to enter the Republic of Korea, but did not hold a valid passport, was willing to enter and depart from the Republic of Korea using a passport under the name B (B) of Canada nationality purchased through a nameless b (C).
1. Any national who intends to enter the Republic of Korea in an illegal event of private documents, or an area outside the Republic of Korea violating the Immigration Control Act shall enter the Republic of Korea with a valid passport after undergoing an entry inspection by
On July 15, 2018, the Defendant undergoes an entry inspection at the Incheon national territory supply port to enter the Republic of Korea from the territory of Canada on July 15, 2018, and submitted the Canadian passport under B (B) to the immigration control official who was unaware of the entry.
Accordingly, the defendant illegally exercised the passport in the name of Canada issuance B on the certification of facts, and entered the Republic of Korea through an entry inspection without a valid passport.
2. Any citizen who intends to depart from the Republic of Korea outside the Republic of Korea shall depart from the Republic of Korea with a valid passport after undergoing a departure inspection by an immigration control official;
On August 1, 2018, in order to depart from the Republic of Korea to Canada, the Defendant presented the Canadian passport in the name of B (B and C) and attempted to depart from the Republic of Korea, while undergoing the departure inspection at the Incheon State’s port of supply.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Results of analysis of entry and departure details (Canadian nationality B) and bio-information analysis system;
1. Seizure records;
1. Application of the Acts and subordinate statutes on the written accusation;
1. Article 95 Subparag. 1 of the Immigration Control Act, Article 6(1) of the same Act (the point of illegal entry), Article 236 of the Criminal Act (the point of unlawful use of private documents), Article 99(1), Article 94 Subparag. 1 of the Immigration Control Act, and Article 3(1) of the Immigration Control Act, which relate to the crime.