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(영문) 부산지방법원 서부지원 2018.11.27 2018고정398
선원법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person other than an institution for registration of job seeking and job offers, a seafarer management business operator, and a marine fishery-related organization or institution prescribed by Ordinance of the Ministry of Oceans and Fisheries of 2018 shall conduct a job placement business for seafarers.

On August 22, 2017, the Defendant, even though he was not entitled to engage in a seafarer’s job placement business, operated a seafarer recruitment business, such as introducing F and G to D owner E as a seafarer, and receiving a total of KRW 2,200,000 in the name of seafarer placement expenses.

The defendant of "2018 High 661" was a person who operated a non-registered job placement office (seafarer) with the trade name "C" located in Busan Metropolitan City.

No person other than an institution for registration of job seeking and job offers, a seafarer management business operator, a marine fishery-related organization or institution prescribed by Ordinance of the Ministry of Oceans and Fisheries shall conduct a job placement business of seafarers.

On November 4, 2016, the Defendant: (a) introduced 1,100,000 won as the introduction fee to HA on the low-speed fishing vessel H, located in the city of Busan, and received 1,100,000 won to K account in the name of J; and (b) introduced 41 seafarers over 27 times from January 23, 2017 from that time until January 23, 2017, and received 48,730,000 won as the introduction fee.

Summary of Evidence

"2018 High 398"

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Each report on investigation;

1. A certificate of remittance confirmation, and the resume of boarding of each seafarer "2018 High 661";

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by the police against J;

1. Each police statement made against L/M;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 171 of the Seafarers Act and Articles 171 and 110 of the Seafarers Act concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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