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

Any foreigner who enters an airport or harbor of the Jeju Special Self-Governing Province without a visa to stay in the Jeju Special Self-Governing Province for the purpose of tourism, passage, etc., shall obtain permission for the extension of sojourn area from the Minister of Justice, if he/she intends to move to another area within the territory of the Republic of Korea, and no foreigner shall stay outside the sojourn status or sojourn period.

The defendant, who is a national of the People's Republic of China, entered Jeju Special Self-Governing Province for tourism, moved to inland land without obtaining permission for extension of sojourn area by means of smuggling, and thought that he/she will be employed while illegally staying in the Republic of Korea.

On October 29, 2012, the Defendant entered Jeju Special Self-Governing Province without a visa, through the Jeju Special Self-Governing Province, by November 28, 2012, through the Jeju Special Self-Governing Province without a visa, and entered Jeju Special Self-Governing Province for tourism (B2) and by November 28, 2012. On November 1, 2012, the Defendant: (a) pushed away from the passenger’s backward floor of the passenger vehicle scheduled to be loaded at the non-permanent port within Jeju Special Self-Governing Province; (b) returned the taxi to the Republic of Korea due to a hidden method; and (c) moved from that time to the Kimhae-si, and was engaged in daily work while residing in Kimhae-si C101 until April 11, 2016.

Accordingly, the defendant moved in the Jeju Special Self-Governing Province to another area within the Republic of Korea without obtaining permission for extension of sojourn area from the Minister of Justice, and stayed in the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (limited to attachment of individual immigration status, suspect's residence photograph);

1. Application of Acts and subordinate statutes governing an immigration offender;

1. Article 355(3) and (1), and Article 157(1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Amended by Act No. 13426, Jul. 24, 2015) regarding the facts constituting an offense (the point of non-existence of perjury).