Ruling sentencing a defendant to 1 year in prison for illegal entry, illegal stay and aiding another person's illegal entry

Who this helps

This may help readers curious how a court treated someone who entered despite an entry ban and stayed without status. It may also help those interested in how helping another person's illegal entry was treated.

Case overview

Case number

2025고단3534

Court

Busan District Court

Date of judgment

Dec 10, 2025 (Wed)

Topic

Criminal Cases

Original title (Korean)

불법체류로 인하여 입국금지 조치 등을 받은 피고인이 컨테이너 선박에 승선하여 대한민국에 밀입국하고…

The defendant had previously been forcibly deported twice for illegal stay and banned from entry. The defendant boarded a container ship bound for the Republic of Korea at a foreign port, secretly got off at a Korean port and entered without permission. The defendant then stayed without a valid status of stay, and passed illegal-entry information to another person, making that person's illegal entry easier.

How was illegal entry despite an entry ban, plus helping another person enter, judged?

The defendant had been forcibly removed twice for past illegal stay and given an entry ban. He boarded a container ship at a foreign port and slipped off at a Korean port. He then stayed without status and passed information that made another person's illegal entry easier. The court found these acts to be violations of the Immigration Act and related offenses.

How the court ruled

The court found the defendant guilty of violating the Immigration Act, among other offenses. Considering that the crime harms secure border management and public safety and order, as well as the motive, circumstances, means and results of the crime, it sentenced the defendant to an actual (non-suspended) prison term of 1 year.

What to check in a similar situation

Entry bans and residence status can be confirmed with immigration and foreigner offices. The case progress and ruling can be confirmed with the court.

• Find support centers
• Emergency phone numbers
• Contacts: Korea Legal Aid Corporation 132

Terms explained

illegal entry

Entering a country secretly without going through the proper entry procedure.

aiding (abetment)

Making another person's crime easier to commit. Here, it refers to passing on information about illegal entry.

entry ban

A measure that bars a foreign national from entering the country.

status of stay

The legal status that allows a foreign national to remain in the country.

More rulings on this topic

• Students' submission of bank balance certificate found to be an application by improper means · Seoul Eastern District Court
• Court upholds departure order for foreign national fined for drunk driving · Daegu District Court
• Court rules deportation and detention orders against plaintiff convicted of voice phishing and other crimes were lawful · Daegu District Court

See all 28 rulings on Criminal Cases →

Frequently asked questions

How did the court rule?

The court found violations of the Immigration Act and related offenses and sentenced the defendant to 1 year in prison.

What did the court consider in sentencing?

It considered that the acts harm safe border control and public safety and order, along with the motive, background, means and result of the crime.

Does this result apply directly to similar cases?

This is the court's judgment in that case only and does not apply directly to other cases.