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(영문) 서울고등법원 2016.11.04 2016노2609
공인노무사법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

A The sentence imposed by the court below against Defendant A (two years of imprisonment with prison labor for one year and six months) is too unreasonable.

Defendant

D misunderstanding of facts by Defendant D is not aware of the violation of the Certified Public Labor Attorney Act, but did not participate in all after removing the loss from the date related to the State subsidy, and there was no conspiracy to commit this part with Co-Defendant A, etc.

Nevertheless, the judgment of the court below that found Defendant D guilty of this part of the facts charged is erroneous and erroneous.

The sentence imposed by the court below on Defendant D (one year of the suspension of the execution of imprisonment for six months) is too unreasonable.

Judgment

Defendant

D In relation to the assertion of mistake of facts, a conspiracy is not required under the law, but is only a combination of two or more persons to jointly process a crime and realize such crime. Thus, even if there was no master process of the whole conspiracy, if the combination of the doctors is made objectively or implicitly through several persons, a conspiracy relationship is established, and even if there was no direct participation in the conduct, a person who did not directly participate in the conduct is held liable as a co-principal for the conduct of another person.

(1) In light of the evidence duly adopted and examined by the lower court and the following circumstances, Defendant D, in collusion with Defendant A, B, and K, engaged in the business of applying for State subsidies related to employment conducted on behalf of the relevant agencies in accordance with labor-related Acts and subordinate statutes, as stated in this part of the facts charged, even if a certified public labor attorney is not a certified public labor attorney.

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