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(영문) 대구지방법원 포항지원 2016.12.14 2016고단1352

출입국관리법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a dump truck (19 tons, C) driver, D (D, E) is a master of E (E, 1,783 tons, cargo ships, and Cambodian nationality), while F is the owner of the above E and the actual operator.

No person shall conceal or allow any foreigner who has illegally entered the Republic of Korea to flee from the Republic of Korea, or provide any means of transportation for such purposes.

Nevertheless, on June 4, 2016, around 19:44, the Defendant entered the Republic of Korea (J and China's nationality) from the Republic of Korea without undergoing an entry inspection by an immigration control official to the dump truck on the Defendant's dump truck, and moved the hump truck on the part of the Defendant's driver, and received USD 300 in return.

Accordingly, the defendant provided a means of transportation for the purpose of concealing or allowing foreigners who illegally entered the Republic of Korea to escape.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against J;

1. Seizure records;

1. Application of Acts and subordinate statutes on the statement of purchase of foreign currencies;

1. Article 94 subparagraph 4 of the Immigration Control Act and Article 12-3 (2) 1 of the Immigration Control Act (Selection of Fines) concerning the relevant criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;