해외이주법위반
We reverse the judgment of the first instance court.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. Defendant (misunderstanding of facts and Sentencing of sentencing) (i) The Defendant and H, consistent with the Majority on June 21, 2013, recognized that Company D was a party to the contract, and concluded a contract for the arrangement of overseas migration to Canada (hereinafter “instant contract”) with Company D as a party to the contract. As such, the parties to the instant contract ought to be deemed as Company E, not a stock company.
Shebly 1 Deliberation Form (5 million won) is too unreasonable.
B. The first deliberation type (one million won in penalty amount) of the Prosecutor (Improper Sentencing) is too unhued and unfair.
2. Determination:
A. As to the Defendant’s assertion of mistake of the facts (main facts charged), the Defendant, as the actual operator of D Co., Ltd., which completed the registration of overseas emigration brokerage business, was subject to an administrative disposition from the Ministry of Foreign Affairs on January 27, 2012 on the ground that D was unable to renew the insurance contract with the guarantee insurance company, and the registration is likely to be cancelled. There is a risk of cancellation of the registration. The defect up to seizure of the corporate account on the ground of the arrears of the 4th insurance premium, and the Defendant’s intent to continue the overseas emigration brokerage business through E, which did not register overseas emigration brokerage business.
On June 2013, the Defendant, as the representative director of the Company E, explained the SINP’s program to H. SINP at the president of the G Institute located in Suwon-si F Building 602, and entered into a contract with H on June 21, 2013 to arrange immigration through H and Canada’s employment, and received KRW 25 million from H to the account in the name of I around June 17, 2013, prior to the conclusion of the said contract, in return for the interview and education for employment.
Accordingly, the defendant as the representative director of E, and the E, a stock company, is an overseas emigration broker business.