(영문) 대전지방법원 2021.01.21 2020노3724 | 리걸엔진

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(영문) 대전지방법원 2021.01.21 2020노3724

출입국관리법위반등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the portion of illegally allowing a foreigner to enter the Republic of Korea for the purpose of misunderstanding facts, the purpose of profit-making was only to help the relatives and relatives who want to pay money to Korea, and not to gain profit.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of 2 years and 6 months and the fine of 3 million won, confiscation, and collection) is too unreasonable.

2. In the lower court’s determination on the assertion of mistake of facts, the Defendant asserted the same purport as the grounds for appeal on this part, and the lower court rejected all of the Defendant’s assertion and recognized the fact that the Defendant illegally allowed a foreigner to enter the Republic of Korea for profit

The term "for profit" under Article 93-2 (2) of the former Immigration Control Act (amended by Act No. 17089, Mar. 24, 2020) refers to the purpose of widely obtaining economic benefits. As the court below properly states, the defendant and D demanded the compensation for smuggling to those who wish to enter the Republic of Korea, but did not claim only the actual cost. ② The defendant did not return the remaining money used for smuggling as expenses for the purchase, etc. of rubber boats to those who wish to enter the Republic of Korea and did not return it to those who wish to enter the Republic of Korea, and the defendant divided it into D. ③ The rubber boats purchased money from those who enter the Republic of Korea were owned by the defendant and D. The defendant and D attempted to use and sell the rubber boats again, ④ The defendant stated that "the defendant tried to punish them to enter the Republic of Korea," and the defendant's unlawful entry into the investigative agency for profit-making purposes, including evidence 41.

Therefore, the judgment of the court below is just, and there is no illegality of mistake of facts as alleged by the defendant.

The status of the defendant.

유사 판례

-인천지방법원 부천지원 2018.12.20 2017고단2999

-대전지방법원 2021.02.04 2020노3726

-부산지방법원 2016.07.06 2016고단2160

-부산지방법원 2016.04.28 2016고단1013

-인천지방법원 2016.12.16 2016고단6794