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 November 24, 2015 with the status of stay for tourism (B-2-2) 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 of the Republic of Korea without obtaining permission from the Minister of Justice for extension of sojourn

However, on July 2016, the Defendant moved to the land non-land of the Republic of Korea using a fishing vessel from the Gyeong-si Special Self-Governing Province of the Republic of Korea to the land non-land of the Republic of Korea.

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 March 22, 2017, despite the expiration of the period of stay as of December 24, 2015.

Summary of Evidence

1. Statement by the defendant in court;

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 470 (3) 1, Article 198 (1) (which moves to another area of the Republic of Korea without obtaining permission for extension of sojourn area) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City on criminal facts, Articles 94 subparagraph 7, and 17 (1) of the Immigration Control Act (the fact that he/she stays outside the sojourn status and sojourn period), and each choice of imprisonment with prison labor;

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);