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(영문) 제주지방법원 2019.10.10 2019고정131
선원법위반
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 shall conduct job placement services for seafarers except for a registration institution for job seeking and job offers, seafarer management business operator, organization or institution related to maritime affairs and fisheries prescribed by Ordinance of the Ministry of Oceans

Although the Defendant was unable to provide job placement services to seafarers, the Defendant placed an advertisement on recruitment of seafarers using an Internet homepage (D) at the office located in Jeju City BA, and around November 1, 2017, the Defendant provided job placement services to the E Line F, which introduced three seafarers to the E Line F, which requested the recruitment of seafarers, and received 3.9 million won in return, to the Defendant’s name bank account. By April 25, 2018, the Defendant introduced 26 seafarers over 16 times in total, as shown in the list of crimes in the attached Table of Crimes, and received the total amount of 16.2 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. The application of Acts and subordinate statutes to report internal arrival, copy of the Internet sign printing out related to the recruitment of seafarers, copy of the request for payment to other seafarers, name of crew on board, statement of communications data inquiry, statement of receipt period, details of transaction by receipt period, business registration certificate, information on entry and departure status, inquiry into whether a job placement office is registered or not according to a request for cooperation in investigation data, submission of investigation data (whether a job placement office is registered or not), and report on investigation (related to evidence of criminal conduct);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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