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(영문) 인천지방법원 2015.02.13 2014고정4291

직업안정법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to conduct overseas fee-charging job placement services shall register with the Minister of Employment and Labor and shall not conduct overseas fee-charging job placement services without registration.

Nevertheless, C, while establishing a private organization called E Association in Ulsan Nam-gu D and sharing employment information by inviting its members, passed a resolution on various procedures to be employed in Canada, such as entry permission, issuance of visa necessary for the local stay and employment of Canada, preparation of ATI test, and receipt of money in terms of fees and expenses.

Defendant C, and F, around July 2012, hold an employment explanatory meeting at the above E Association and receive KRW 5,200,000 in the name of expenses and fees necessary for overseas employment on August 20, 2012 from G, and act as agent for the procedures for issuance, etc. of visa after receiving KRW 5,20,000 in the name of expenses and fees necessary for overseas employment;

9. On November 1, 2012, after having Canadian left Korea and had Canadian local company work for H, a local company of Canada, and Canadian, left Korea for employment or employment with Canadian local company from June 2012 to October 2012 by receiving money from 24 persons such as the above G, etc.

Accordingly, the defendant C/F conspiredd to conduct overseas fee-charging job placement services without registration.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each prosecutor's interrogation protocol concerning F and C;

1. A protocol of suspect examination of the police officer regarding I;

1. Statement to J police officers;

1. Application of the Acts and subordinate statutes to a criminal investigation report (E Association Canadian job seeking advertisement case), internal investigation report (case of verifying the status of the victim's entry into or departure from Korea), internal investigation report (case of attaching the victim's resume to the victim's resume), investigation report (Listening to the victim's statements), investigative report (Listening to the victim's statements), investigative report (Listening to the victim's statements), and investigative report (Listening to the victim's G statements);

1. The pertinent Article of the Criminal Act and the former Employment Security Act (amended by Act No. 12631, May 20, 2014) regarding criminal facts.

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