Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s punishment (fine 10 million won) against the Defendant is too unreasonable.

B. The prosecutor appealed on the whole judgment of the court below on the grounds of mistake of facts and unreasonable sentencing. However, the "reason for Appeal" column of the petition of appeal submitted by the prosecutor submitted by the prosecutor does not state a specific reason as to unjust sentencing, and the court below which acquitted part of the grounds for appeal submitted by the prosecutor on the grounds of appeal did not state a mistake of facts, and there is an error of law in the judgment of the court below that acquitted part of the grounds for appeal, which affected the sentencing, and only includes the purport of "the grounds for appeal submitted by the prosecutor on the grounds of unfair sentencing" (the part of the judgment

Therefore, it cannot be deemed that the judgment of the court below stated the legitimate grounds for appeal on the guilty portion in the judgment of the court below (see, e.g., Supreme Court Decision 2020Do2795, Jul. 9, 2020). As long as the prosecutor rejected the prosecutor’s assertion of mistake of facts as examined below, the court below cannot deliberate and determine whether the sentencing on the guilty portion is unfair either ex officio or ex officio by the prosecutor’s decision on the grounds for

According to the evidence, the court below found the defendant's referral and solicitation of employment of a person who has no status of sojourn. However, the court below found the defendant not guilty of this part of the facts charged.

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

A. The summary of this part of the facts charged (not guilty part of the original judgment) shall not arrange or solicit the employment of a person not having the status of sojourn eligible for employment activities.

Nevertheless, the Defendant, who is a human resources supplier, had K operating the “R” establish a “Welfare Support Center” within the F University.