The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, has recruited a general member as the representative of the G Association Seoul Branch of the Seoul District Association (hereinafter “instant organization”), but the victims did not have recruited any illegal aliens as the representative of the instant organization, and the victims did not appear to have recruited, and the victims were mobilized so-called volunteers and independently recruited. The Defendant did not receive money from the victims in collusion with H, I, J, K, Co-Defendant B, C, and D of the lower court.

Although the court below found the defendant guilty, it erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of consent to the admissibility of evidence, the defense counsel stated that the statement of the interrogation protocol prepared by judicial police officers against K No. 11 of the evidence list No. 11 of the evidence list among the evidence presented by the court below on the second trial date and the statement of the protocol prepared by judicial police officers against K No. 29 of the evidence list should be made only once the consent of the court below is reached, and thus, the above evidence's assertion is first discussed.

The declaration of intent to consent to evidence under Article 318 of the Criminal Procedure Act may be withdrawn or withdrawn only before the examination of evidence is completed, and once the examination of evidence is completed, the admissibility already acquired prior to the revocation or withdrawal shall not be lost (see, e.g., Supreme Court Decision 2004Do2611, Jun. 25, 2004). According to the records of this case, the defendant consented to the interrogation protocol of the above K as evidence and the statement of P as evidence during the second trial of the court below, and thereafter the examination of evidence is completed.