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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Error 1) The Defendant received the initial introduction fee of KRW 10.5 million (crime sight table 2) and returned a total of KRW 5 million (M 2.0 million and X 3 million) to the vessel owner. As such, the Defendant is required to deduct the above KRW 5 million from the additional collection amount. 2) The Defendant received the introduction fee for Q (crime List 2 No. 2) as to Q (Crime List 2) introduction from around 2014.
Although the period of employment was severed due to Q Q's escape, there was a single employment contract from 2014 to 2015 between Q and P, so the introduction was made once.
Since the defendant was already punished in relation to the introduction activity in 2014, he cannot be punished again.
B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.
2. Determination
A. 1) Whether there is a mistake of fact or not, 1) The cost spent by an offender to obtain criminal proceeds in addition to additional collection of criminal proceeds should not be deducted from criminal proceeds because it is merely a method of consuming criminal proceeds, even if it has been disbursed from criminal proceeds.
(B) In light of the above legal principles, according to each statement (No. 100, No. 274 of the Investigation Records) made by the Defendant to the investigation agency of the Health Department, X, and M (see Supreme Court Decision 2007Do6775, Nov. 15, 2007) with respect to the instant case, a seafarer introduced by the Defendant was unable to work and returned to M KRW 2 million and KRW 3 million to X, which is merely a mere fact that the Defendant’s seafarer was unable to work. Thus, this is nothing more than a method of consuming criminal proceeds and it does not mean that the Defendant’s assertion of mistake of facts is not subject to collection after deducting it from the method of consuming criminal proceeds. Accordingly, the Defendant’s assertion of the fact-finding as to Q, which is, the job offerer (AJ) entered into a contract with Q around Jan. 29, 2014, but the location of Q is unknown.