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(영문) 부산지방법원 2019.06.27 2018노4296
자격기본법위반
Text

The judgment below

The guilty part shall be reversed.

The sentence of sentence against the defendant shall be suspended.

The facts charged of this case.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the course of advertising to I on February 9, 2015 and around the 14th day of the same month, the Defendant indicated the registration number, qualification manager, and operator, while advertising to K on May 12, 2016, and indicated the registration number indirectly in a manner that combines his/her website address as well as his/her qualification manager and operator. As such, it is difficult to deem that the Defendant violated the duty to indicate under Article 33(1) of the Framework Act on Qualifications, and there was no intention to violate it. 2) The punishment (fine 500,000 won) sentenced by the lower court on unreasonable sentencing is too unreasonable.

B. A person who newly establishes, manages, and operates a private qualification (not guilty portion of the judgment of the lower court) shall register the relevant private qualification with the competent Minister, and the name of the registered qualification manager shall be the key factor in the management and operation of the private qualification, but the name of the registered qualification manager shall be different from the name of the registered qualification manager. This is not merely an indication of the registered qualification manager differently from the fact, but it shall be deemed that the person newly establishes

Nevertheless, the judgment of the court below which acquitted the defendant on the facts charged concerning the establishment, management, and operation of the defendant's private qualification is erroneous in the misapprehension

2. Judgment on the defendant's assertion of mistake of facts

A. 1) As to the violation of the Framework Act on Qualifications on February 9, 2015 and on February 14, 2015, the relevant provisions (attached Form) are stated. 2) The principle of no punishment without law requires that a crime and punishment shall be determined by law in order to protect individual freedom and rights from arbitrary exercise of the State’s penal authority.

In light of such intent, the interpretation of the penal law should be strict, and it is allowed to expand or analogically interpret the meaning of the explicit penal law to the disadvantage of the defendant as it is against the principle of no punishment without law.

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