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(영문) 청주지방법원 2021.01.13 2020고단2341
출입국관리법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a Thai who entered the Republic of Korea as a member of the visa exemption (B-1) around January 16, 2018, and whose period of stay expires on April 16, 2018.

1. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limit of his sojourn status and period;

Nevertheless, the Defendant stayed in the Republic of Korea from April 17, 2018 to October 28, 2020, and even though the period of stay expires on April 16, 2018, the Defendant stayed beyond the period of stay.

2. On August 2020, the Defendant violated passenger transport business: (a) purchased BNS Scoo-si car from BV cooker in 3.5 million won from BV cooker, for the purpose of engaging in a “registered taxi business” with a single name as an illegal staying agent; (b) when it was unable to engage in job-seeking activities as an illegal staying agent, the Defendant purchased BV coo-si car from BV cooker with a single name intent to engage in a “registered taxi business.”

Any person who intends to operate passenger transport business shall obtain a license or register with the competent authority.

Nevertheless, the Defendant, without obtaining a transport license or registering from the competent authorities, operated a non-registered passenger transport service by receiving transportation charges of approximately KRW 2,000 per 1 km of the driving distance from the Thailand under the name of approximately 70,00,000 from the passengers of the Thailand, on August 20, 202 to October 27, 202, using the motor vehicles purchased as above, in a national region, such as Yan-si, Yan-si, Gumi, etc., by collecting transportation charges of approximately KRW 70,000 from the passengers of the Thailand.

3. The Defendant is a person who has violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Compensation for Motor Vehicle Damages.

On October 27, 2020, the Defendant driven the said vehicle without obtaining a driver’s license, and without obtaining a mandatory insurance policy from around 60 km to around 23:20, in a section of about 60km from an insular place to the front road of the Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

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