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(영문) 제주지방법원 2018.10.26 2018고단772

직업안정법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who, from October 20, 2016, worked as a secretary at a unregistered fee job placement office (seafarer) in the trade name “C” located in Busan City, which was operated by B from around October 20, 2016, directly operated the above fee-charging job placement office from around February 1, 2017.

A person who intends to provide domestic fee-charging job placement services shall register with the Special Self-Governing Do Governor, the head of a Si/Gun/Gu having jurisdiction over the location of the main office.

Nevertheless, the Defendant, without registering with the competent authority on February 1, 2017, introduced two seafarers to D Line E, and received 2.4 million won as the introduction expense to the F bank account under the name of the Defendant, and introduced 113 seafarers over 79 times from October 26, 2017 from that time to October 26, 2017, and received 129,375,600 won in total as the introduction expense.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of statutes, such as Internet advertising materials, requests for financial transaction information and replies, detailed information on persons' entry into and departure from ports, ship inquiries, etc.;

1. Article 47 subparagraph 1 of the relevant Act and Articles 47 and 19 (1) of the Act on the Stabilization of Employment and Stability of Punishment for Criminal Facts, and Selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account all the circumstances such as the observation of protection, the period of the crime for sentencing under Article 62-2 of the Social Service Order Act, the amount received by the defendant as consideration of the defendant's introduction of the crew, the fact that the defendant, such as C, etc. after the crime of this case reported the closure of business with respect to the trade name in which the seafarer recruitment advertisements were placed, and other conditions of sentencing, including the defendant's age, environment, and