A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. 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 November 13, 2017, the defendant was a foreigner of Chinese nationality, and on November 13, 2017, the period of stay expired on December 13, 2017.

Nevertheless, the Defendant stayed beyond the period of stay in Jeju-do from December 14, 2017 to July 16, 2019.

2. Around March 3, 2019, the Defendant made a false statement to the victim C, who was aware of the victim’s unknown from B at an infinite location where the F infinite-dong, Seopopoon was located, that “The victim-friendly D would have the victim-friendly D receive a visa in Korea, 5,000 (Korean Won KRW 8,70,00).”

However, even if the defendant receives money from the victim, he did not have the intention or ability to issue the visa.

As above, the Defendant, by deceiving the victim, received a total sum of 5,000 bills from the victim on March 3, 2019, and 3,000 bills on March 4, 2019, and acquired the victim’s property by deception.

3. A thief: (a) around 19:00 on May 26, 2019, the Defendant: (b) discovered a passport, etc. necessary for the issuance of D’s visa under paragraph (2) from the victim C; and (c) stolen the Chinese money 500,000 square meters and 300,000 won, which is the victim’s possession, by taking advantage of the gap in the location of the victim, while the victim was in a toilet, while taking advantage of the gap in the location of a car.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment B details remitted by a victim to a suspect), a criminal investigation report (verification of a suspect's illegal stay status), a seizure report, a list of seizure, or a written accusation;

1. Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act (the term of stay and stay, the choice of imprisonment), Article 347 (1) of the Criminal Act (Fraud, the choice of imprisonment), Article 329 of the Criminal Act (the occupation of larceny and the choice of imprisonment), the choice of punishment for a crime;

1. Aggravation for concurrent crimes;