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(영문) 부산지방법원 2014.06.18 2014고정1470

출입국관리법위반

Text

Defendant

A and B shall be punished by each fine of KRW 2,000,000.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is a forwarder of Cambodia’s nationality vessel (“D”) that entered Busan Port on November 14, 2013, who operates the Busan Central District C and 309 Company B.

The heads of ships, etc. or forwarding agents shall prevent a person whose entry or landing is not permitted from entry or landing.

Nevertheless, around December 11, 2013, the Defendant violated the above 'D', which was anchored near the breakwater of Busan Port, by allowing the entry or landing permission to a seafarer E (Nam, F birth), G (Nam, and H birth) of Indonesian nationality who was not permitted to enter or land, and thereby violating the above 'D'.

2. Defendant B, at the above date and place, violated the matters to be observed by the forwarder as above in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Accusation of an immigration offender or notice of decision on examining an immigration offender;

1. A copy of a report filed by a seafarer himself/herself, and a copy of the crew list;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Relevant legal provisions pertaining to criminal facts A: Article 96 subparagraph 2 of the Immigration Control Act, Article 73 subparagraph 1 of the Immigration Control Act, and Article 99-3 subparagraph 6 of the Immigration Control Act, Article 96 subparagraph 2 of the Immigration Control Act, and Article 73 subparagraph 1 of the same Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

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