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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. If a foreigner who enters the Jeju Special Self-Governing Province without a visa intends to move to another area within the territory of the Republic of Korea with intent to pass through tourism in violation of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City;

The Defendant, who is a Chinese national, entered the Jeju Special Self-Governing Province without a visa by pretending to the purpose of tourism, and moved to other areas without a visa. On May 30, 2013, the Defendant: (a) entered the Republic of Korea Vietnam with air code from Jeju Special Self-Governing Province to Jeju Special Self-Governing Province; (b) entered the port located in Jeju Special Self-Governing Province on July 27, 2013; and (c) moved from the unclaimed port located in the Jeju Special Self-Governing Province to the Gandong-gu, Yeongdeungpo-gu, Seoul on the same day, after entering the port of inland residence located in the Republic of Korea at around 12:00 on the same day.

Accordingly, the defendant entered the Jeju Special Self-Governing Province without a visa 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.

2. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period.

Nevertheless, the Defendant entered the Jeju Special Self-Governing Province as indicated in paragraph (1) around May 30, 2013, and stayed in the Republic of Korea beyond the period of sojourn from June 29, 2013 to June 29, 2016, without departing from the Republic of Korea, which is the period of sojourn.

Accordingly, the defendant was staying in the Republic of Korea with an excessive period of stay.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A photographic showing the entry and departure status of each individual, A foreign information (Evidence No. 7), and Jeju leave time stored in the suspect mobile phone;

1. Each investigation report (Nos. 12, 15, and 19), respectively;

1. Ratifications (Violation of the Immigration Control Act);