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(영문) 서울중앙지방법원 2015.05.14 2014노4246

직업안정법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not introduce F to D dan as stated in the judgment of the court below, by misunderstanding of facts or misunderstanding of legal principles.

Although the Defendant prepared to run a business of introducing female visitors to singings or singing bars, but did not actually run a business of introducing them, the lower court found the Defendant guilty by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. The lower court’s sentence (fine 2,000,000) against the Defendant claiming unreasonable sentencing is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined in the lower court’s judgment as to the assertion of mistake of facts or misapprehension of legal principles and the Defendant’s statement at the court of the trial, the Defendant may fully recognize the fact that the Defendant, as stated in the facts constituting a crime in the lower judgment, has conducted fee-charging job placement services by introducing female visitors to singing rooms or singing bars without being registered with the competent authority by arranging them to work at part-time, and on the following grounds, it is difficult to accept the Defendant’s appeal.

(1) The F made a statement that corresponds to the facts charged in the instant case at the police immediately after control, and reversed the statement at the court below's court below, and the Defendant was unaware of, and went to the bar bar by introducing the head of the office of the press room other than the Defendant at the time. The F made a statement that he was informed of the Defendant's mobile phone number which the police introduced was known to him before the commission was falsified.

However, the statement made by F at the police immediately after enforcement is reliable because it accurately shows the circumstances employed by the defendant and the mobile phone number of the defendant. On the other hand, the statement at the court of original instance does not have a natural meaning to explain the circumstances in which the woman became aware of the defendant's telephone number or the circumstances in which the woman knew to the police.