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(영문) 창원지방법원 2016.05.04 2016고단722
제주특별자치도설치및국제자유도시조성을위한특별법위반등
Text

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

Any foreigner who enters an airport or harbor of the Jeju Special Self-Governing Province without a visa to stay in the Jeju Special Self-Governing Province for the purpose of tourism, passage, etc., shall obtain permission for the extension of sojourn area from the Minister of Justice, if he/she intends to move to another area within the territory of the Republic of Korea, and no foreigner shall stay outside the sojourn status or sojourn period.

The defendant, who is a national of the People's Republic of China, entered Jeju Special Self-Governing Province for tourism, moved to inland land without obtaining permission for extension of sojourn area by means of smuggling, and thought that he/she will be employed while illegally staying in the Republic of Korea.

On September 18, 2014, the Defendant entered the Jeju Special Self-Governing Province without a visa into the Jeju Special Self-Governing Province for the purpose of sojourn B2 (tourism and transit), and on September 22, 2014, entered the port in the Jeju Special Self-Governing Province for the purpose of sojourn 30 days, and entered the port in the non-permanent port in the Jeju Special Self-Governing Province for the purpose of being loaded with the passenger ship, and arrived at the unclaimed Republic of Korea by concealing it in the partitions, and then moved the vehicle waiting for the Defendant to the Gyeongnam Kim-si, and resided in the Republic of Korea from that time to March 16, 2016.

Accordingly, the defendant moved in the Jeju Special Self-Governing Province to another area within the Republic of Korea without obtaining permission for extension of sojourn area from the Minister of Justice, and stayed in the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (attached data, etc. for inquiries about foreigners in short-term stay), individual entry or departure status;

1. Application of Acts and subordinate statutes on accusation to immigration offenders;

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, Article 94 (7) and Article 17 (1) of the Immigration Control Act, Articles 94 (7) and 17 (1) of the Immigration Control Act, and the choice of imprisonment with labor for each crime;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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