Text
A defendant shall be punished by imprisonment for one year.
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. If a foreigner who violates the Immigration Control Act due to smuggling intends to enter the Republic of Korea, he/she shall undergo an entry inspection conducted by an immigration officer at the entry port;
The defendant is a Chinese national foreigner who was forced to leave on April 23, 2009 while entering the Republic of Korea for a short-term stay on May 29, 2007 and staying in the Republic of Korea on or around June 12, 2007, the expiration date of his/her stay.
The defendant was unable to enter the Republic of Korea due to the illegal stay record, and the defendant was willing to enter the Republic of Korea on board a ship entering the Republic of Korea in China without filing an entry report.
On October 1, 201, the Defendant paid 85,000 bills to China’s local non-entry Brazil, and boarded a ship departing from the Republic of Korea from the Chinese Grand Port on October 1, 201, entering Incheon Port around October 4, 201 and leaving the ship to the Republic of Korea without undergoing an entry inspection.
Accordingly, the defendant entered the immigration port of entry into and departure from Korea by a foreigner without undergoing an entry inspection by immigration control officials.
2. If a foreigner violating the Immigration Control Act due to illegal employment intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment;
The Defendant, as stated in the above 1. Paragraph 1., entered the Republic of Korea as a Chinese national foreigner, did not have the status of stay to engage in job-seeking activities, but from around December 2, 2015 to March 28, 2016, the Defendant entered the apartment construction site located in the accounts of the North in Chang-si, Chang-si, the Defendant was in charge of assembling a straw house and received 200,000 won per day in order to care for concrete, and entered the construction site and entered the same as above.
As a result, the defendant was engaged in job-seeking activities without status of sojourn.