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(영문) 부산지방법원 서부지원 2020.04.01 2019고단1968
선원법위반
Text

Defendant

P shall be punished by imprisonment with prison labor for eight months and by imprisonment for three months.

However, from the date when this judgment has become final and conclusive.

Reasons

Punishment of the crime

1. No person shall conduct job placement services for seafarers, except for a defendant P job seeking and job offers registration institution, a seafarer management business operator under Article 112 (3) of the Seafarers Act, an organization or institution related to maritime affairs and fisheries prescribed by Ordinance of the Ministry

On December 21, 2017, the Defendant opened a seafarer recruitment office in the name of the seafarer Q Q in Busan Dong-gu, where there is no qualification to conduct job placement services for seafarers.

The Defendant introduced two seafarers to S Line T on January 3, 2018, and received KRW 2.755,00,00 from that time to November 7, 2018 as the introduction fee, and introduced 36 seafarers over a total of 30 times, as shown in the annexed crime list, and received KRW 43,80,000 as the introduction expense.

2. Defendant A, even though there was no qualification to conduct job placement services for seafarers, received a request from P from P to the Investment Co., Ltd., which is operated by P in Q’s name, around October 9, 2018, and aided and abetted P’s job placement business by introducing W Co., Ltd to W Co., Ltd. and remitting KRW 1,300,000 to Q Q’s U bank account (V).

Summary of Evidence

1. The defendants' statements in the first trial record;

1. Each police protocol of statement of Y and Q;

1. An investigation report (specific, etc. of a ship that is paid for the introduction fee of a seafarer), an investigation report (limited to confirmation of accounts and addition of a suspect used for committing a crime), an investigation report (verification of details of accounts, etc. of a suspect), an investigation report (verification of whether it is possible to register job placement business), cooperation with investigation data (registration of a job placement office), request for cooperation with investigation data (registration of a ship management business);

1. Application of the detailed list of transactions in Q deposits, and the detailed ship information-related Acts and subordinate statutes on the cost of presenting crew members;

1. Relevant Articles 171 and 110 of the Seafarers Act (Overallly, Imprisonment with prison labor): Defendant A; Articles 171 and 110 of the Seafarers Act; Article 32(1) of the Criminal Act (Optional to Imprisonment with prison labor);

1. Defendant A who aided and mitigated: Criminal Act.

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