Text
The prosecutor's appeal is dismissed.
Reasons
1. It is recognized that Defendant A was aware of the specific contents of job offer advertisements of this case in full view of the summary of the grounds for appeal (misunderstanding of facts) F, G’s statement to investigation agency, the relationship between the above reference witness and Defendant A.
The judgment of the court below which acquitted the Defendants on the premise different from this, is erroneous in the misapprehension of facts.
2. The judgment of the court below
A. The summary of the facts charged in the instant case is that Defendant A was elected as the president of the partnership on February 12, 2014 and is the president of the B credit cooperative located in Dong-gu Incheon Metropolitan City, and Defendant B credit cooperative is a corporation established for the purpose of acting as a financial institution.
No person who conducts a job placement business, recruitment of workers, or labor supply business, or a person engaged in such business, shall place a false job offer advertisement, or suggest false job offer conditions.
1) On February 24, 2017, Defendant A entered “in the form of employment” column in “work contract without a fixed period”, “wages” column, and “non-existent” in the “employment advertisement,” and made a false job offer advertisement by stating that “E (25 years of age, female) applied for the above job offer advertisement,” unlike the above job offering advertisement, Defendant A decided to convert the term of contract into a regular position one year, and the wage was paid to KRW 1450,00 per month.”
2) Although Defendant B’s credit cooperative (hereinafter “Defendant cooperative”) ought to prevent Defendant B from advertising false job offer advertisements, the representative of Defendant A neglected his/her duties, thereby allowing A to advertise false job offer advertisements as stated in the above 1).
B. As to the determination, the lower court: (a) in this Court, the F (the head of the Defendant Union) shows the screen that “I directly prepare the instant job offer advertisement and present the screen that I prepared to G manager, who is a working-level officer,” and the content thereof.