logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.03.18 2014노2699
피유인자수수등
Text

The appeal by the Defendants and the prosecutor shall be dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court found Defendant A guilty of the violation of the Labor Standards Act due to the violation of the Act on the Punishment of Violences, etc. (Habitual Violence), the violation of the Labor Standards Act due to workers' assault, the violation of the Labor Standards Act, the inducement of profit-making by Defendant B, the violation of the Employment Security Act due to the introduction of the victim N, the violation of the name lending, the violation of the Employment Security Act due to the name lending, the violation of the Employment Security Act against Defendant B, and each fraud against Defendant C. The lower court acquitted Defendant B, and acquitted Defendant C of the violation of the Employment Security Act due to the forgery of each private document and the use of each private document against Defendant C. Of the facts charged against Defendant A.

Accordingly, the Defendants appealed from the judgment of the court below as to each guilty part of the judgment below, and the prosecutor appealed only to the acquittal part against Defendant B.

The judgment below

Since the part not guilty against Defendant C and the part not dismissed by the public prosecutor against Defendant A are separated and confirmed by failure to appeal, the scope of this court’s judgment is limited to the part guilty against the Defendants and the part in violation of the Employment Security Act against Defendant B among the judgment below.

2. Summary of grounds for appeal;

A. Defendant A’s imprisonment (three years and six months of imprisonment) is too unreasonable.

The argument of mistake of facts on the date of the first trial, except unfair sentencing, was withdrawn.

B. Defendant B’s mistake of facts refers to a person who, at the time of the so-called “definite” or at the terminal, induces the elderly to borrow employment from the elderly and moves to the job placement service provider.

In collusion with the victim K was not induced.

The victim K voluntarily finds the M Job Placement Office operated by Defendant B and asked Defendant A to seek jobs.

arrow