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(영문) 서울동부지방법원 2014.12.05 2014노1189
사기등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal principles (violation of the Framework Act on Qualifications and part of fraud) adopted a “ex post facto registration system” without setting a registration period with respect to the establishment, management, and operation of the original private qualification. However, the amendment of the Framework Act on Qualifications on April 5, 2013 had been made to “pre-registration system,” which should be registered in advance, and the provision of the Framework Act on Qualifications prohibiting the establishment of a private qualification itself is too abstract and comprehensive, and the Korea Vocational Skills Development Institute has carried out private qualification registration without consistency in accordance with unclear and ambiguous standards. In fact, the case where another company has applied for registration with respect to qualifications similar to those for which the registration has been rejected after the application for registration was rejected, and the Defendants did not abolish the qualification certificate which was already approved by supplement or revision of the contents of the first private qualification, and the Defendants did not actively make efforts to issue the qualification certificate to the certified senior citizens, and the Defendants did not directly make an application for the examination and approval of the qualification certificate to the Korea Institute for vocational qualifications development.”

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