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(영문) 부산지방법원 2014.10.30 2014고단6715
밀항단속법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

Defendant

B On May 16, 2002, the Jeju District Court sentenced 10 months of imprisonment with prison labor for a violation of the Stows Control Act, which became final and conclusive on May 24, 2002, and sentenced 8 months of imprisonment with prison labor for a violation of the Stows Control Act at the Busan District Court on May 21, 2004, and the judgment became final and conclusive on May 31, 2004.

No one shall sail to an area other than the Republic of Korea or go beyond national border without any passport, seaman's pocketbook, or other valid certificate necessary for departure from the Republic of Korea issued by the related agency, or arrange for any remuneration therefor.

around October 201, the Defendants: (a) around October 201, at a seafarers’ welfare office located in the Jung-gu, Busan; (b) at the Incheon Southern Police Station, etc., where D wishing to go to Japan after being investigated by fraud, etc.; (c) Defendant A introduced Defendant B, who is in charge of receiving the price for smuggling from D and works as the kitchen for various vessels; and (d) Defendant B conspired to arrange D’s smuggling by taking charge of preparing the smuggling; and (c) around November 11, 201, Defendant A transferred KRW 5 million from D to its SCF bank (referring to the Korea SCF bank) as the price for mediating the smuggling; and (d) delivered Defendant B’s welfare in cash as the price for mediating the smuggling.

As a result, the Defendants conspired to arrange Japan's confidential information for the purpose of receiving remuneration.

Summary of Evidence

1. Defendant A’s legal statement (including the statement as a witness);

1. Legal statement of witness D;

1. Certificate of work experience on board, detailed statement of deposit transaction, and investigation report (No. 29).

1. Before ruling: Criminal records and investigation reports (No. 31 No. 1);

1. The defense counsel denies a public contest relationship with Defendant B, but according to each evidence of the judgment.

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