Text
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.
2. It is recognized that the judgment accused provided guidance on Canada travel without being registered with the competent authorities.
However, prior to the establishment of a liaison office in Korea, the defendant is suffering from the fact that the defendant's wrong mistake, the defendant's operation of the call center ceremony in Korea after inquiring about the accountant and certified judicial scrivener before establishing a liaison office, after hearing the answer that there is no problem of being issued with identification numbers only after reporting to the competent tax office, and accordingly hearing that the public official in charge should be registered as a travel business even in the case of "Guidance on Travel" from the public official in charge. Since the fact is confirmed that the pertinent act is not a legally separate problem, it is reasonable to consider the motive and circumstance of the crime, and there is no clear awareness as to whether the pertinent act is subject to registration under the relevant laws and regulations, and it is difficult to hold the defendant liable with great responsibility. After recognizing the fact of the violation, the defendant establishes a corporate branch office in Korea and completed the tourism business registration under the Tourism Promotion Act, and all of the elements of the violation are removed after obtaining a business registration certificate from the paper, and considering the circumstances of the defendant's age, condition, etc. after considering the sentencing of the crime in this case.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
【Reason for the Judgment of the Supreme Court】 Criminal facts and evidence.