Text
Defendants shall be punished by a fine of KRW 5,000,000.
Defendant
If A does not pay the above fine, it shall be 100.
Reasons
Punishment of the crime
Defendant
A (A, Bangladesh) is the master of C (C, 1,783 tons, cargo ships, and Cambodian nationality), and Defendant B is the owner and the actual operator of the above C.
1. The head of a defendant A vessel, etc. or a forwarder shall prevent a person from entering or leaving the Republic of Korea without permission for entry or landing;
Nevertheless, at around 19:30 on June 4, 2016, the Defendant violated the above code of practice by allowing D (D and Chinese nationality) whose entry or landing was not permitted in the above C when the Defendant was entering and leaving the above port No. 83 line to land without justifiable grounds.
2. Defendant B, who is an employee of the Defendant, committed the above violation in relation to the Defendant’s business.
Summary of Evidence
1. A report on the examination of each police suspect against E, Defendant A, D, F, and G;
1. Each police statement made to H and I;
1. Written statements of J, K and L;
1. Accusation against each person who violates the Immigration Control Act;
1. Reporting on the missing of crew members of M/V “C”;
1. A crew list and a loading certificate;
1. Application of Acts and subordinate statutes to a report on investigation (specific suspect), a report on investigation (C captain, a corporation stay in court and an investigation);
1. Relevant legal provisions concerning criminal facts;
A. Defendants: Article 96 subparag. 2 and Article 73 subparag. 1 of the Immigration Control Act
B. Defendant B: Subparagraph 6 of Article 99-3 of the Immigration Control Act
1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;