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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine for negligence of KRW 3,000,000 and by a fine of KRW 1,00,000.
Reasons
1. Summary of grounds for appeal;
A. The court below's each sentence (the defendant A: a fine of 5 million won, the defendant B: a fine of 3 million won) declared by the defendants against the defendants is too unreasonable.
B. The lower court’s each sentence imposed on the Defendants is too uneasible and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal.
Of the facts charged in the instant case, the summary of violation of the Immigration Control Act against the Defendants is as follows: “A foreigner shall undergo an examination by the immigration control official at the port of entry and departure where he departs from Korea with valid passport at the port of entry and departure where he departs from Korea, and when any foreigner enters Korea, the Defendants shall enter Korea with valid passport and a visa issued by the Minister of Justice. The Defendants conspired, around September 23, 2012, after undergoing departure inspection by using a valid passport issued in the name of Jung-gu Incheon International Airport departure inspection place in the 2851, Jung-gu, Incheon, Jung-gu, Jung-gu, Incheon, and after undergoing departure inspection by using a valid passport, and around June 5, 2013, enter Korea using a valid passport at the port of entry and departure from Korea with the valid passport at the port of entry and departure where he departs from Korea, and around July 29, 2013, the lower court found all of the facts charged.”
Article 94 subparag. 2 and 18 of the Immigration Control Act, which is the applicable provisions of this part of the facts charged, is subject to punishment, "a person who enters the Republic of Korea in violation of Article 7(1)" and "a person who leaves the Republic of Korea without undergoing a departure inspection in violation of Article 28(1)." The defendants are merely entering or leaving the Republic of Korea in violation of Article 28(1) and they are not a person who enters or departing from the Republic of Korea in violation of the above provisions. Thus, the defendants cannot be punished for the defendants by applying the above provisions, and unless the defendants enter or depart from the Republic of Korea in violation of the above provisions.