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(영문) 부산지방법원 2017.10.25 2017고단4202

직업안정법위반등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

However, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

(a) A person who intends to operate a fee job placement service in violation of the Employment Stabilization Act shall register with the Special Self-Governing Province branch office, Si/Gun/Gu having jurisdiction over the location of the principal business

그럼에도 불구하고 피고인은 2015. 11. 22. 경 중국 메신저 QQ를 통하여 중국 국적의 F(G 생 )를 청 주시 청원구 H에 있는 I 오 창 점에서 근무하도록 하고 그 소개비 명목으로 위 F의 월급에서 매월 20만원 ~70 만원씩 공제하여 취득한 것을 비롯하여 그 무렵부터 2017. 5. 1. 경까지 사이에 별지 범죄 일람표 기재와 같이 총 23회에 걸쳐 외국인의 취업을 알선하고 같은 방법으로 소개비를 취득하여 유료 직업 소개사업을 하였다.

(b) If a foreigner in violation of the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the eligibility to engage in job-seeking activities, as prescribed by Presidential Decree, and no person shall arrange or recommend the employment of any person who

Nevertheless, on November 22, 2015, the Defendant supplied F (G residents) of Chinese nationality, who is an illegal resident, to the above I, and arranged employment of foreigners who are not qualified to engage in job-seeking activities by supplying foreigners who are not qualified to engage in job-seeking activities (in collusion with B Nos. 2, 8, 14, 17, and 18 among the crimes) on a total of 23 occasions, as shown in the list of crimes in attached Table, between around that time and May 1, 2017.

2. Where a foreigner intends to find a job in the Republic of Korea, he/she shall obtain the qualification to engage in employment activities, as prescribed by Presidential Decree, and no person shall arrange or solicit the employment of any person who has no qualification to engage in employment.

Nevertheless, the defendant, in collusion with A, has been illegally staying in China around June 17, 2016.