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A defendant shall be punished by imprisonment for not less than eight months.
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
On February 2, 2015, the Defendant asked a broker for entry into the Chinese territory to enter Jeju-do without a visa, and tried to find employment by leaving Jeju-do with illegal landing.
1. On March 2, 2015, the Defendant entered the country through Jeju Special Self-Governing Province 2, Jeju Special Self-Governing Province 2002 Jeju International Airport 2, Jeju Special Self-Governing Province 2002, and entered the country of stay for tourism ( Jeju non-residentless certificate) through the Jeju International Airport. On March 6, 2015, the Defendant arrived at a non-harbor port located on the coast of the border through a vessel, the details of which are unclear depending on the guidance of the person whose name cannot be known through the inter-resident's entry broker bros, around March 6, 2015.
As a result, the defendant entered the airport of Jeju-do with the status of stay in transit, and moved to another area within the territory of the Republic of Korea without obtaining permission from the Minister of Justice for extension of sojourn area.
2. On April 1, 2015, the Defendant continued to stay in the Republic of Korea without departing from the Republic of Korea even though the period of sojourn was over 30 days even though he/she did not leave the Republic of Korea. On December 15, 2015, the Defendant provided a loan on the condition that 50,000 won per day will be paid from a singing shop located in the Republic of Korea Kimnam-si, Kim Jong-si
Accordingly, the defendant exceeded the scope of the period of sojourn, and stayed in the Republic of Korea, and was engaged in job-seeking activities without obtaining the status of sojourn eligible for job-seeking activities.
Summary of Evidence
1. Statement by the defendant in court;
1. A certificate of employment of foreigners;
1. Control photographs;
1. Investigation report (entry country, entry place, and sojourn place) - Application of individual immigration status, short-term sojourn record Acts and subordinate statutes;
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); Articles 94 subparag. 7, 17(1), 94 subparag. 8, and 18(1) of the Immigration Control Act; Articles 94 subparag. 8, and 18(1) of the Immigration Control Act; Articles 355(3) and 155(3)1;
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 Criminal Act, the suspension of execution;