A defendant shall be punished by imprisonment for six 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.

Criminal facts

1. The Defendant who violated the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City is an alien of Chinese nationality who entered the Jeju Special Self-Governing Province on January 3, 2015 and entered the Jeju Airport without a visa.

No foreigner who enters an airport or harbor of Jeju Special Self-Governing Province without a visa to stay in the Jeju Special Self-Governing Province for the purpose of passing through tourism, etc. shall move to another area within the territory of the Republic of Korea without obtaining permission from the Minister of Justice for extension of sojourn

However, on January 4, 2015, the Defendant moved to land within the Republic of Korea using a ship at an unclaimed port of the Jeju Special Self-Governing Province (Seoul Special Self-Governing Province).

2. No foreigner violating the Immigration Control Act shall sojourn in the Republic of Korea after exceeding the scope of his/her sojourn status or sojourn period;

The Defendant entered the Republic of Korea as prescribed in paragraph (1) and stayed in the Republic of Korea until February 14, 2017, despite the expiration of the period of stay as of February 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the current status of entry or departure of individuals);

1. Article 355(3)1, Article 157(1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (wholly amended by Act No. 13426, Jul. 24, 2015) regarding criminal facts (the fact that a person moves to another area within the territory of the Republic of Korea without obtaining permission for the extension of sojourn area) and Articles 94 subparag. 7 and 17(1) of the Immigration Control Act (the fact that a person stays beyond the scope of sojourn status and sojourn period) of the Immigration Control Act, and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., initial offenders, reflectivity, and motive for committing a crime);