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(영문) 창원지방법원 2018.05.18 2018고단749
출입국관리법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, on November 20, 207, was a foreigner of the nationality of the People's Republic of China, and entered the Republic of Korea without undergoing an entry inspection after getting on the cargo ship at the Chinese Grand Kyna on or around November 20, 207, and was discovered at the immigration control office and was forced to leave the Republic of Korea on or around August 18, 201.

2. Criminal facts;

(a) If a foreigner intends to enter the Republic of Korea, he/she shall undergo an entry inspection by an immigration officer at the entry port;

Nevertheless, on October 2013, the Defendant paid 60,000 won to the Broker for illegal entry intermediation in the name of the Defendant, on the basis of the guide of the Broker, and on the part of the Broker, on the cargo line, on the Incheon port, on the cargo line arrived at the Incheon port, and entered the Republic of Korea without undergoing an entry inspection by immigration control officials.

(b) Any foreigner may sojourn in the Republic of Korea within the limits of his/her status and period of sojourn.

Nevertheless, the Defendant entered the Republic of Korea around October 2013, and stayed beyond the status and the period of sojourn in the Kimhae, Tong, Busan, etc. from March 26, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation of an immigration offender at a request of an investigative agency;

1. Entry related to smuggling;

1. Status of individual entry or departure;

1. Application of the statutes on copies of passports;

1. Article 93-3 Subparag. 1 and Article 12(1) of the former Immigration Control Act (amended by Act No. 12195, Jan. 7, 2014) on criminal facts and Articles 94 Subparag. 7 and 17(1) of the Immigration Control Act (amended by Act No. 12195, Jan. 7, 201);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence is that the defendant pays a lot of prices in China, and broman arranges them.

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