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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Violation of the Immigration Control Act;
A. Although an illegally staying foreigner is able to stay in the Republic of Korea within the scope of his/her sojourn status and sojourn period, the Defendant, as a foreigner of Indonesia’s nationality, entered the Republic of Korea on October 22, 2007 under the status of non-professional employment status (E-9) and left without permission and stayed in the Republic of Korea from October 31, 2007 to November 18, 2015, the period of sojourn was over.
(b) If an unqualified foreigner 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;
1) The Defendant, from September 2008 to March 201, 201, performed employment activities without obtaining the status of stay from the “E” located in Chungcheongnam-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Namcheon-gu, Chungcheongnam-gu, Seoul, and without obtaining the status of stay eligible for employment activities.
2) From October 2012 to November 17, 2015, the Defendant engaged in job-seeking activities without obtaining the status of stay eligible for job-seeking activities from “G” located in “G” located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.
2. A person violating the Electronic Financial Transactions Act shall not transfer or take over access media unless otherwise specifically provided for in other Acts in using and managing access media. On March 2012, the Defendant acquired access media more than five times in total, including the issuance of passbook (Account Number: I) and check cards from H in Indonesia’s nationality, from around the 2012.
3. Violation of the law by deceiving gun inspection teams of powders;
A. Although the Defendant could not possess swords without permission from the head of the police station having jurisdiction over an unauthorized swords, on June 3, 2015, the Defendant purchased, through the Internet shopping mall “Smarket,” a knive of the name “Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-S-Se
(b) possession of a gun;