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(영문) 대전지방법원 2018.07.13 2018고정228

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

On May 10, 2016, the Defendant was sentenced to two years and six months of imprisonment with prison labor for special confinement, etc. at the Daejeon District Court on August 24, 2016, and the judgment was finalized on August 24, 2016. On June 9, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for fraud in the Daegu District Court’s support, the judgment was finalized on June 17, 2017.

The Defendant is a member of the “Bmm” affiliated with the Daejeon District Violence Group.

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

Nevertheless, the Defendant, without registering with the competent authority from August 2015 to October 2015, operated the term “D” under the name of “A” and “D” in the name of the Seosan-gu, Seogu, Seo-gu, Seo-dong, Dong, and Galmadong, Seo-gu, Daejeon, the Defendant: (a) operated the name “C”, etc. recruited as an entertainment receptionist; and (b) sent the term “Ackh” from the relevant regional entertainment shop or singing receptionist business owners.

On the other hand, upon receiving the contact to request, the said entertainment service providers by using their own automobiles to provide the said entertainment service providers with entertainment service stores or singing rooms, and arrange them to provide entertainment services by drinking with customers, singing, dancing, etc., and the said entertainment service providers received KRW 30,00 per hour from the entertainment service providers, etc., and made profits by receiving KRW 10,00 among them as a job placement expense.

Accordingly, the defendant did not register with the competent authorities and provided a fee job placement service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Disposal of sidewalks, vehicles, etc. and photographs (related to sidewalk vehicles);

1. Previous convictions: Court rulings and application of Acts and subordinate statutes to search each case;

1. Article 47 of the relevant Act and Articles 47 subparagraph 1 and 19 (1) of the Act on the Stabilization of Employment Eligible for the Punishment of Specific Crimes (Selection of Penalty)

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;