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(영문) 의정부지방법원 고양지원 2014.11.13 2014고정769

선원법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

A person who intends to employ a seafarer, a person engaged in job placement, recruitment, employment or management of seafarers, or other persons engaged in labor and personnel management business of seafarers shall not receive money and other valuables or other benefits, whatever a pretext it may be, from a seafarer or person who intends to become a seafarer in relation to such job placement, recruitment, employment, etc.

Nevertheless, on September 16, 201, the Defendant received KRW 2.6 million from seafarers E as a fee for contract extension, KRW 2.6 million from seafarers F on January 11, 2012, KRW 2 million from seafarers G on August 2, 2012, and KRW 2 million from seafarers H on October 17, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J;

1. Application of Acts and subordinate statutes on a petition;

1. Articles 137-3 subparag. 5 and 102 of the former Seafarers’ Act (wholly amended by Act No. 11024, Feb. 5, 2012); Articles 168(1)5 and 111 of the Seafarers’ Act (wholly amended by Act No. 11024, Feb. 5, 2012); selection of fines for criminal facts

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his/her defense counsel's assertion on the assertion of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the extension of the foreigner's stay from June 2010 permitted and the extension of the foreigner's stay is the collection of extended management expenses from the foreign seafarer's crew members at the cost of the management for the management of the foreigner's crew and the prevention of escape, and did not receive money in relation to recruitment and employment of foreign crew members prohibited under the Seafarers Act. Thus, the defendant and his/her

As shown in the evidence duly adopted and examined by this Court.