A defendant shall be punished by imprisonment for six 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

A foreigner may sojourn in the Republic of Korea within the scope of his/her sojourn status and period of sojourn, and shall not sojourn in excess of the scope of his/her sojourn status and period of sojourn.

On March 14, 2006, the Defendant, as a Vietnamese foreigner, entered the Republic of Korea with the qualification of a fishing trainee (D-4) and changed the status of stay to the qualification of a student studying (D-2) on March 20, 2007, and stayed in the Republic of Korea beyond the scope of the period of stay until he is arrested on January 7, 2018, notwithstanding the expiration of the period of stay on October 11, 2009.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of registered foreigners' records, entry and departure details statutes;

1. Article 94 of the relevant Act and Articles 94 subparagraph 7 and 17 (1) of the Immigration Control Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( comprehensively taking into account the period of domestic stay, previous conviction and other ages, sex, family relationship, family environment, motive and means of committing a crime, circumstances after committing a crime, etc.);