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(영문) 청주지방법원 영동지원 2014.05.22 2013고단173
직업안정법위반등
Text

The defendant shall be innocent.

Reasons

1. The facts charged in this case

A. On August 11, 2012, the Defendant, in violation of the Employment Security Act, introduced G to F, who is an actual operator of the said establishment, even though he knows that there is a place where sexual traffic is conducted in the “D” telecom located in Chungcheongnam-dong C, Chungcheongnam-si, Chungcheongnam-si, and that there is a trade name and aesthetic beauty of the Gyeongcheon-si, Kimcheon-si, Kimcheon-si, the Defendant introduced F to engage in sexual traffic.

Accordingly, the defendant introduced a job for the purpose of having a job employed in a job in which sex was sold.

B. Around February 28, 2013, the Defendant filed a false report on G with the purpose of having G receive criminal punishment at the Yeongdeungpo-dong Police Station located in the Si/Eup/Myeon/Dong-dong, Chungcheongbuk-gun.

The content of the report is that “G has stolen a gas bag equivalent to KRW 600,000,000 in the market price from the domicile of a reporter who reported in H around 17:00 on June 2, 2012, and thus punished.”

However, in fact, at around 17:00 on June 2, 2012, the Defendant issued the instant G with a gift to the said G, which was playing in his/her own residence, and thus, the said G did not steals.

Nevertheless, on the same day, the defendant filed the above report with the assistant I at the regional criminal department office of the Dong-dong Police Station on the same day to G.

2. We examine the judgment, and consistently deny the above facts charged from the police investigation to this court. It is not sufficient to find that the Defendant violated the Employment Security Act only with the content of conversation on text messages given and received between F and G, and there is no other evidence to prove each of the above facts charged.

A prosecutor asserts that the documents in which G and J statements are written are admissible as evidence under Article 314 of the Criminal Procedure Act, but a person who needs to make a statement on the trial date in order to use the protocol under Article 312 of the Criminal Procedure Act or the statement and documents under Article 313 of the same Act as evidence under Article 314 of the same Act.

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