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(영문) 광주지방법원 목포지원 2016.08.18 2016고단635
제주특별자치도설치및국제자유도시조성을위한특별법위반
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above penalties shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are vice-party foreigners of their nationality in the People's Republic of China.

Where a foreigner who enters an airport or harbor in the Jeju Special Self-Governing Province without a visa to stay in the Jeju Special Self-Governing Province for the purpose of tourism and passage intends to move to another area within the territory of the Republic of Korea, he/she shall obtain prior permission from the Minister of Justice for extension

The Defendants entered Jeju Special Self-Governing Province for the purpose of nominal tourism (B-2) in Jeju Special Self-Governing Province without a visa on the second half of 2015, and had the Defendants thought to move to other areas than Jeju Special Self-Governing Province for the purpose of illegal employment without obtaining the permission of extension of sojourn area.

On November 29, 2015, the Defendants entered the State International Airport in China without a visa and immediately moved to the State International Airport in order to be employed in the Republic of Korea on December 1, 2015, the Defendants: (a) moved to the State-owned port while hiding away from the cargo space of the vehicle on which the name-free arrangement book is driven; and (b) moved to the State-owned Metropolitan City on December 1, 2015; (c) moved to the State-owned port on the same date; (d) moved to the State-owned Metropolitan City on the 3rd day of the same month after getting out of the State-owned port located on the south coast.

Accordingly, the Defendants entered the Jeju Special Self-Governing Province without visa and moved to another area within the territory of the Republic of Korea without obtaining permission for extension of sojourn area.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to report internal investigation (verification and attachment of suspect-suspects' entry into or departure from the Republic of Korea), each individual's entry into or departure from the Republic of Korea, detailed inquiries into the entry into or departure from the Republic of Korea, each investigation report (the confirmation of employment relationship between a suspect and a person in a telephone, the investigation into

1. Articles 470 (3) 1 and 198 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, the applicable law of criminal facts, the selection of punishment, and the choice of imprisonment, respectively;

1. Article 62 of the Criminal Act:

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