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(영문) 부산지방법원 2016.08.25 2016고단1582

출입국관리법위반등

Text

[Defendant A] The defendant shall be punished by imprisonment for two years.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

“2016 Highest 1582 – Defendant A, Defendant B, and Defendant C

1. The facts charged in this part of the joint crime committed by Defendant A and Defendant B are the road of the Defendant A’s smuggling, “ Nevertheless, Defendant A, despite having offered an overseas secret to prosecute his own separate criminal case, had been living in the Republic of Korea continuously during the period of overseas, to pretend that he had been living in the Republic of Korea.”

"......"

However, the degree of smuggling does not meet this part of the composition requirement, and the defendant A denies the above intention of smuggling, and even based on evidence, since the above intention of smuggling is not clearly proven, this part is deleted, and the crime is recognized after deletion.

Any citizen who intends to enter the Republic of Korea outside the Republic of Korea shall undergo an entry inspection conducted by immigration control officials at an entry port with a valid passport.

Defendant

A around January 29, 2016, upon introduction of Defendant B, who is a seafarer, through a broker in China, on board Defendant B, and the proposal to request Defendant B to enter the Republic of Korea to enter the Republic of Korea is made, and the starting amount is KRW 50 million, and Defendant B transferred KRW 20 million to Defendant B’s account as Defendant B’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son, and Defendant B conspiredd with Defendant B to enter the Republic of Korea by using the above vessel, and to consent to Defendant A’s proposal.

After that, on February 27, 2016, Defendant A got on board the ship by using a small-sized ship with the defect of anchorage which Defendant B was on the front of the port of learning in China. Defendant B concealed Defendant A on the side of the cooling water tank in the ship.

Defendants continued to depart from China around March 3, 2016 on March 23, 2016 and the same month.

6. 01:30 The arrival at the sea in front of Samsung Heavy Industries, which is in the ancient sea of the 1st century, is located.