The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (fact-finding) is that the defendant, while holding a meeting of delivery club, received membership fees from members to raise expenses for friendship, such as food expenses, and did not receive membership fees in return for introduction of delivery business, and thus, did not provide job placement services for pay, the court below convicted him of the facts charged in this case. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. Article 2-2 subparag. 2 of the Employment Security Act provides that "job placement services" means providing that "job placement services shall be concluded between job offerers and job seekers by searching for job seekers or job offerers upon application for job offering or job seeking, or recruiting job seekers by recruiting job seekers." subparagraph 4 provides that "free job placement services" means job placement services conducted without receiving fees, membership fees, or any other money or valuables," and subparagraph 5 provides that "job placement services" means job placement services that are not free job placement services.

Therefore, if job offerers and job seekers receive money or other valuables under any pretext, and act as a broker for the formation of employment relationship, fee-charging job placement service should be considered as a job placement service under the same law.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the Defendant appears to have connected the delivery business in almost exclusively prior to the instant case to the restaurant operators in need of delivery; ② the persons wishing to provide delivery services in the astronomical area were admitted to the organization called “C” with subscription fees and membership fees; ③ the instant “C” does not have opened and operated an office, etc. for the organization; and is for friendship only once a month.