Text
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for two years.
Seized evidence 12,13.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Although the Defendant conspired with B and C to make a false invitation, the lower court found Defendant guilty of this part of the facts charged, the lower court erred by misapprehending the legal doctrine.
2) The sentence of the lower court (two years of imprisonment) against an unfair defendant in sentencing is too unreasonable.
B. The prosecutor 1) misunderstanding the legal principles 12, 13, 17, 19, 20, 22 through 31, and 34 through 36 of the evidence that was confiscated misunderstanding the legal principles 12, 13, 17, 19, 20, 22 through 31, and 36 must be confiscated by meeting the requirements of confiscation under the Criminal Act. However, the court below
2) The lower court’s sentence against an unfair defendant in sentencing is too unhued and unreasonable.
2. Determination
A. Determination as to the Defendant’s assertion of mistake of fact 1) No person charged with this part of the facts charged may invite or arrange such invitation by unlawful means, such as a false statement of fact or a false fidelity guarantee, to allow entry into the Republic of Korea by foreigners.
Nevertheless, the Defendant, however, did not have any intention or plan to conduct actual education or field trips even if 8 persons, such as L, M, N,O, P, Q, F, and S, of the nationality of the other land, enter the Republic of Korea for the purpose of education on architectural design technology and field trips, and there was no intention or plan to conduct field trips. The above 8 persons were to enter the Republic of Korea for the purpose of engaging in job-seeking activities as a part of a daily miscellaneous work site at the domestic construction site. However, the above 8 persons were to invite for the purpose of education on architectural design technology and field trips, a representative of the general architect office, and the U. B., the representative of the general architect office, for the purpose of visiting the construction site.
Accordingly, the Defendant demanded 6,00 dollars per 1 person to pay money to other persons, such as the above F, etc., and demanded 6,000 dollars per 1 person to pay it as down payment, received 2,000 dollars first, entered Korea, and received 4,000 dollars remainder after entering Korea, and C and B around July 31, 2015.