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(영문) 수원지방법원 2015.04.15 2014고단3607

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

Defendant

A shall obtain money from the applicant for compensation.

Reasons

Punishment of the crime

[Criminal Justice] On November 20, 2014, Defendant A was sentenced to imprisonment of one year and six months with prison labor for fraud at Suwon District Court on November 20, 201, and the above judgment became final and conclusive on November 28, 2014. Defendant B was sentenced to imprisonment with prison labor for eight months at Suwon District Court on June 11, 2014, and the above judgment became final and conclusive on June 19, 2014.

[2014고단3607 범죄사실] 피고인 A은 캐나다 밴쿠버 소재 랍슨에서 ‘J’라는 상호로 헤어샵을 운영하였던 사람이고, 피고인 B은 ‘J’의 한국본부장으로 근무하였던 사람이다.

If a foreigner intends to be issued a labor permit (LM) from the Canadian government, he/she shall be selected as a subject enterprise through an examination of whether he/she conforms to the foreign employment program (PNP) policy from the Canadian immigration country on the ground that there is no Canadian employee who intends to employ foreigners in the class in which he/she wishes to employ them.

In fact, Defendant A’s “J harassment” does not fall under a business entity subject to a foreign employment program by the Canadian government and was delegated with the authority to obtain a labor permit, employment visa, and permanent residence permit. Therefore, even if Canadian seeks to engage in beauty art employment immigration or received money from those who intend to start a beauty room, Defendant A did not have the intent or ability to immediately obtain labor permit, employment visa, and permanent residence permit of the Canadian government.

Nevertheless, Defendant A instructed Defendant B, in Korea, to obtain employment visa or permanent residence visa through beauty art employment or business start-up in Canada, to prepare a contract for recruitment, good offices, and contract, and Defendant B conspired to recruit employment visa or business start-up interest among job seekers in Korea.

Defendant

A As above, A shall invite, arrange and contract to Defendant B with the nationals who wish to work in the Canadian beauty room or start-up business.