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All appeals by the Defendants are dismissed.
Reasons
1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);
A. G, H, and I received money and valuables by Defendant A does not constitute “a person who wishes to become a seafarer” under Articles 137-3 subparag. 5 and 102 of the former Seafarers’ Act (wholly amended by Act No. 11024, Feb. 5, 2012; hereinafter “former Seafarers’ Act”).
B. Even if G, H, and I’s “person wishing to become a seafarer,” Defendant A received money and valuables from P, H, and I rather than the aforementioned G, H, and I.
C. Money and other valuables received from Defendant A’s shipowner E are collected as management fees for the above seafarers incurred during the period of one year and ten months since the period of stay of G, H and I, a seafarer, was extended by one year and ten months, and thus, it does not constitute “money and other valuables received with respect to recruitment and employment of seafarers” under Articles 137-3 subparag. 5 and 102 of the former Seafarers’ Act.
2. Determination
A. The Defendants, as to whether G, H, and I is the “person who wishes to be a seafarer”, alleged the same purport in the lower court, and the lower court determined that G, H, and I constituted “a person who wishes to be a seafarer” under Articles 137-3 subparag. 5 and 102 of the former Seafarers’ Act on the grounds stated in its reasoning.
Examining the judgment of the court below closely with the records of this case, the above judgment of the court below is just, and the defendants' allegation in this part is without merit.
B. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to whether Defendant A received money or goods from the Line E, i.e., the witness E transferred a total of 60,000 UN at 20,000 per seafarer to the Defendant’s account from the original court’s account. Although he/she was in good faith to provide a part of the said money to the Defendant’s account, it was the amount that the seafarers should originally bear, the remainder except the said provision was deducted from the monthly wage of the seafarers.