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(영문) 창원지방법원 2019.05.15 2018고단2151

청소년보호법위반등

Text

A defendant shall be punished by imprisonment for six 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 provides paid job placement services in the name of “B”.

1. A person who intends to conduct domestic fee-charging job placement services in violation of the Employment Security Act shall register with the Special Self-Governing Province Mayor, Si, Gun, and head of the Gu having jurisdiction

Nevertheless, the Defendant did not register with the competent authority, and introduced E (18 years old) to a large number of entertainment establishments, such as “D,” located in Seongdong-gu, Changwon-si, Sungwon-si, and operated a fee-free job placement in a way that receives 20,000 won as service fees out of 90,000 won and receives profits from 90,000 won as service fees.

2. No person who violates the Juvenile Protection Act shall have juveniles drink alcoholic beverages with customers, provide entertainment services by singing or dancing, or arrange or instigate such acts, for the purpose of making profits;

From October 21, 2017 to October 26, 2017, the Defendant, as prescribed in paragraph (1), assisted E, a juvenile, to drink with a customer, by having the juvenile E drink together with the customer in a number of entertainment bars including the aforementioned “D”.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Statement of the police suspect regarding E;

1. Application of Acts and subordinate statutes to report internal affairs (on-site visit reports), field photographs, investigation reports (verification as to whether the resident registration certificate is newly issued), investigation reports (report on telephone conversations);

1. Article 47 subparagraph 1 of the Employment Security Act, Article 19 (1) of the same Act (a point of operating a pay job placement office), Article 56 and subparagraph 2 of Article 30 of the Juvenile Protection Act (a point of mediating juvenile visitors) and selection of imprisonment with prison labor for an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The defendant and his/her defense counsel's assertion (as to the crime of violating the Juvenile Protection Act).