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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. As to the mistake of facts or violation of the Immigration Control Act, there was no fact that the Defendant employed foreigners of Thailand nationality as stated in the facts charged, and there was no fact that the Defendant conspired with F, G, H, etc. as to the violation of the Medical Service Act, and there was no fact that the Defendant operated business establishments listed in the facts charged for profit.
Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The sentence imposed by the lower court on the grounds of unfair sentencing (two months of imprisonment, two years of suspended sentence, one hundred and sixty hours of community service) is too unreasonable.
2. Prior to the judgment on the grounds of ex officio appeal, the Prosecutor applied for changes in indictment with the content that changes the facts charged in the instant case as stated in the following facts charged at the trial of the court below.
Inasmuch as the subject of adjudication was changed by this court's permission, the judgment of the court below was no longer maintained.
However, the defendant's assertion of mistake or misunderstanding of legal principles is still subject to the judgment of this court, and the following is examined.
3. In a case where two or more persons on the assertion of mistake of facts or misapprehension of legal principles are not required under the law, and there are two or more persons’ conspiracys to jointly process a certain crime and to realize the crime. Thus, even if there was no process of the whole conspiracy, if there was a combination of intent to realize the crime, the conspiracy is established in the order of several persons or impliedly, and even if there was no such conspiracy, even if there was no direct participation in the execution, the conspiracy is established, and as a co-principal, even if there was a person who did not directly participate in the act of the other
In addition, the crime of conspiracy or conspiracy in the co-principal is committed.