A. Whether a crime of violating Articles 5(1) and 16 of the Employment Security Act is established in addition to fraud in a case where a person obtains money by pretending to recruit overseas employees (negative)

B. Whether a final and conclusive judgment in violation of the Employment Security Act affects the same employment fraud case

A. The act of violating the Employment Security Act, such as unauthorized recruitment, remuneration, and receipt of overseas employees subject to the provisions of Articles 15(1), 16, and 30 of the Employment Security Act, does not include the act of pretending to be engaged in the recruitment by means of deception only without the intent and ability to actually be employed. Therefore, in a case where the fund is obtained by deception through deception, only fraud is established.

B. The judgment of acquittal should be rendered inasmuch as the facts charged against part of the victims of the instant case are deemed identical to the facts charged for violating the Employment Security Act, for which a final and conclusive judgment has already been rendered.

A. Article 347 of the Criminal Act; Articles 15(1), 16, and 36 of the Employment Security Act; Article 326 Subparag. 1 of the Criminal Procedure Act; Article 30 of the Employment Security Act; Article 37 of the Criminal Act

A. Supreme Court Decision 82Do977 delivered on July 27, 1982; Supreme Court Decision 78Do3062 delivered on January 30, 1979; Supreme Court Decision 81Do1307 delivered on May 25, 1982

Defendant

Defendant and Prosecutor

Seoul Criminal Court Decision 83No553 delivered on May 26, 1983

All appeals are dismissed.

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

According to the timely evidence of the judgment of the court below, since it is sufficient to recognize the criminal facts in the judgment of the court below, the judgment of the court below is just and there is no violation of the rules of evidence such as the theory of lawsuit.

2. As to the Prosecutor’s Grounds of Appeal:

According to the records, the defendant's accused case, such as violation of the Employment Security Act against the defendant in Seoul District Court 81 High Court 81Mo2132, etc., "The defendant, without permission of the Minister of Labor from February 12, 1981 to April 22 of the same year, will work for 60 non-indicted 1, such as cleaning workers, pipes and fine 5, etc., at the time of 1981, and it becomes final and conclusive after receiving a verdict of conviction as to the facts that the non-indicted 18 among the victims under the above facts charged in this case, including the fact that he had been engaged in recruitment work abroad, referring to the fact that the non-indicted 2, as stated in the attached list 2 of the judgment of the court below, is included in the above facts that are identical to the above final judgment, and thus, it is reasonable to view that the above facts and facts are identical to those of the above final judgment, and if the res judicata effect of the above final judgment affects the above facts charged, it shall not be deemed that it constitutes an acquittal under Article 1516 of Employment Security Act.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Chang-chul (Presiding Justice)