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. The Defendant, as a foreigner of Uzbekistan nationality, was a person who worked as a daily worker from “D” operated by the victim C in Changwon-si, Jinhae-si, Changwon-si.

At around 17:00 on October 29, 2018, the Defendant used one charging spectrum equivalent to KRW 400,000,000 at the market price, which was kept in the back seat of the cargo vehicle, the victim’s possession, which was parked in the fable storage site located in Jingu, Jinwon-si, Changwon-si.

2. Any foreigner who resides in the Republic of Korea in violation of the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and the period of sojourn, and if he/she intends to continue to sojourn in excess of the period

Nevertheless, the Defendant entered the Republic of Korea as a short-term general (C3-1) sojourn status around November 16, 2016 and continued to stay in G, etc. by November 12, 2018, without obtaining permission for extension of the period of stay, despite the expiration of the period of stay on February 14, 2017.

3. Around November 18:36, 2018, the Defendant violated the Road Traffic Act (unlicensed Driving) driving the J-learning car without a driver’s license from a section of about 25 km from the front of the “I cafeteria” road located at H in Kimhae-si, Gowon-si, J-learning car without a driver’s license to the front of the “D” road located in J-learning-gu, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's protocol of interrogation of the accused (including C's statement);

1. Each police statement to C and K;

1. Investigation report (investigation related to driver's license of a suspect);

1. Reports on internal investigation (Attachment, etc. of photographs of damaged articles);

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

1. Application of immigration Acts and subordinate statutes on individuals;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 94 Subparag. 7, Article 17 (1) of the Immigration Control Act (the point of sojourn in excess of the period of stay), Article 152 Subparag. 1, Article 152 and Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.