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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, as a foreigner of Chinese nationality, was at the expiration of the period of stay on June 26, 2017. From July 2017, the Defendant liveded with the victim B (here, 52 years of age), but was demanded from the victim on November 26, 2018.

1. Around December 3, 2018, the Defendant: (a) requested that the victim B’s house located in Guro-gu Seoul Metropolitan Government and heading C and D find a school agenda again; (b) on December 4, 2018, the said victim purchased gasoline 19 liter in the Fju station located in Guro-gu Seoul Metropolitan Government around 18:30; and (c) on the same day at around 20:40 on the same day, the victim purchased gasoline 19 liter in the Fju station located in Guro-gu, Guro-gu, Seoul; and (d) said victim and the victim G (hereinafter referred to as “I will not cause any refusal to do so.”

Accordingly, the defendant carried a gasoline, which is a dangerous object, and threatened victims.

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

On June 26, 2014, the Defendant entered the Republic of Korea as H-2 visa and stayed in the Republic of Korea from June 27, 2017 to December 5, 2018, despite the expiration of the period of stay.

Accordingly, the defendant stayed in Korea beyond the scope of the period of sojourn as a foreigner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of reference witness to the prosecution concerning B - One answer-type;

1. Each police statement of G and H;

1. Report on internal investigation (E, F analysis of video recording images of CCTV outside a gas station);

1. Application of Acts and subordinate statutes to police seizure records (Evidence records 56 pages);

1. Articles 284, 283(1) (a) of the Criminal Act applicable to the relevant criminal facts, and Articles 94 subparagraph 7 and 17(1) (a) of the Immigration Control Act (a point where a person stays beyond the scope of sojourn period) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;