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(영문) 서울중앙지방법원 2017.06.30 2016고단5667

해외이주법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No one shall operate overseas emigration brokerage business without registering his/her overseas emigration brokerage business.

The Defendant, as the actual operator of D Co., Ltd., which completed the registration of overseas emigration brokerage business, was unable to renew the insurance contract with the guarantee insurance company, and was subject to an administrative disposition from the Ministry of Foreign Affairs on January 27, 2012 because D Co., Ltd. failed to renew the guarantee insurance contract with the guarantee insurance company, and had been in the situation where the registration is likely to be cancelled. The Defendant had attempted to continue the overseas emigration brokerage business through E Co., Ltd., which did not register overseas emigration brokerage business until the seizure of the corporate account

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, without registering the business of arranging overseas migration, was engaged in overseas migration business.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of each part of the protocol of examination of the suspect in the prosecution and the police against the accused;

1. Statement made to H in the police statement protocol;

1. Each statement of each witness prepared by J and K;

1. Each description of a certified copy of donation, written contract, Canadian permanent sovereignty program, detailed statement of transaction (Evidence No. 27 pages of evidence), and documentary evidence (e-mail);

1. Application of the statute stated in the investigation report (the confirmation of the details of administrative disposition D) to the Ministry of Foreign Affairs.