208 Highest 1321 Violation of the Employment Security Act

1. A (59 years of age, remaining) and job placement and operation;

2. B (60 years old, South) and job placement and placement offices;

Doctor’s degree

Attorney Shin Shin-chul (for the defendant A)

Attorney Yoon Jae-reon (Law Firm Han-chul, Counsel for defendant B)

August 11, 2008

The defendant A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months. 82 days of detention prior to the pronouncement of this judgment shall be included in the above sentence against the defendant A, and two days of detention in the above sentence against the defendant B.

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

Criminal History Office

Defendant A is a person who operates a ' XX job placement' in Gunsan, and Defendant B is a head of the above ' XX job placement service'.

1. On March 20, 2007, the Defendants paid KRW 700,000 to the job seeker C, a non-registered fee placement service provider, and received KRW 100,000,000 from the crew for introduction again, and got on board the military cargo loading-type fishing vesselY. After that, on April 28, 2007, the Defendants got off the military cargo loading-type fishing vessel and Y under the pretext of introduction. At the same time, the Defendants were on board the said 4-day apartment complex, where D is located in the military area, while getting on board the Z, and the E (Nam, 37 years old), where D was on board the Z, and she was on board the said apartment site, which is located in the military area where D was on the ground of the Defendants, and she was on board the said 00-day and she was on board the said apartment site, and she was on board the said her own behalf of 100-day and 100-day.

Accordingly, the Defendants: (a) discovered D and E in a park in Ansan-si on May 6, 2007 at Ansan-si on May 6, 2007; and (b) found and attached D and E, thereby tracking the location of E’s mobile phone in order to catcher; (c) even where they have fled; (d) intimidation, at will, the amount of escape would be bound by fraud; and (e) thrown the E sign on a blank loan certificate where the amount of money is not written.

In addition, around May 15, 2007, the Defendants received 4 million won as the introduction expense of E and got on board as crew members of the military fishing vessel V of the military shipment. In addition, around May 19, 2007, the Defendants signed the debt angle stating 2.3 million won in the above apartment building as D and E, such as expenses incurred in putting D and E, the main house, and accommodation expenses, etc., and they called D and E to “the reported crime of fraud shall be discarded, and even if they escape, they may take off D mobile phone.” Furthermore, the Defendants got on board as crew members of the military fishing vessel Wing on May 19, 2007 after receiving 4 million won as the introduction expense of D around May 19, 2007.

As a result, the Defendants conspired to supply workers by means of intimidation and confinement.

2. From April 20, 2007, the Defendants paid 100,000,000 won for the introduction of the mentally disabled FF of the mentally disabled in the form of job seeker who is a job seeker from C, and received the introduction as a seafarer, and provided a liquor to the main points located in the Yansan-si of the Jeonju-si. On April 22, 2007, the Defendants got on the part of the EW as the crew of the military cargo-type fishing vessel, the ZZhoho Lakeho-gu, the vessel owner of the Yan-gun-gun area, with the introduction cost of 200,000,000 won from G.

However, around April 25, 2007, F did not check the work and the poor line life, and it did not get out of the above EM, and the Defendants threatened F to go back to the atmosphere, and forced F to go back to the above apartment site, which is the basis of the Defendants, to the apartment, and again, F forced F to go back to the house, and then, F must give up KRW 1 million, if you go to the house, and go back to the house, or die if you return to the police. D. D. D. D. D. F to the F who demanded the pay, and to the F who demanded the pay, there is no need to receive money," while continuously monitoring it for two days at all times in the state of locking the door so that F would not get out of the apartment.

On April 26, 2007, the first introduction was paid from the above C as the introduction fee to F, and the F was actually compensated for a pecuniary loss. In addition, if F is confirmed to be disqualified on board as a mentally handicapped person, the F must take measures for returning home, despite the fact on April 27, 2007, he received 200,000 won as the introduction fee from the Military Shipper, Military Shipper, Fishing Vessels, UUho Lake H, Inc. H around April 27, 2007 and carried F as UU crew.

As a result, the Defendants conspired to supply workers by means of intimidation and confinement.

Summary of Evidence

Omission

Application of Statutes

1. Relevant legal provisions concerning criminal facts: Each of Article 46 (1) 1 of the Employment Security Act, Article 30 of the Criminal Act; Selection of punishment: Selection of imprisonment with prison labor; and

1. Calculation of the number of detention days before a judgment is rendered: Article 57 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (Defendant B);

1. The reasons for sentencing 1. Defendant B denies all of the crimes, and Defendant A denies some of the crimes on the grounds that they were not detained. However, according to each of the above evidence, it can be recognized that Defendant B was a joint processing of the crimes committed by Defendant A and the intent to realize the crimes. In addition, even if there was no physical confinement on D, even if there was no physical confinement on D, it can be recognized that the Defendants and their agents were practically restricted from their free access while monitoring D, etc., so the above assertion by the Defendants cannot be accepted.

2. The reason for sentencing against Defendant A is clear that there are circumstances that may be considered in light of the circumstances, such as: (a) agreement with Defendant D, most of the crimes were led to confession, detention for a long time; (b) the Defendant’s wife and the crew who received job placement from the Defendant wanting to find the Defendant’s preference; (c) the Defendant has the record of having been sentenced to punishment due to the same kind of crime; (d) the Defendant paid entertainment expenses, etc. to the job seeker for entertainment expenses, etc.; and (e) deducts the job seeker from the monthly salary of the job seeker under the pretext of advance payment by making the job seeker board and lodging at his own house; and (e) in fact receiving money and valuables from the job seeker under the pretext of advance payment; (e) taking advantage of the provision of Article 32 of the Employment Security Act; (e) taking the job seeker, who is an economically weak for the pertinent period of time by intimidation and confinement; and (e) taking account of the fact that most of the Defendant’s favorable payment for the Defendant, the Defendant’s mental penalty of U.

3. As seen earlier in the grounds for sentencing against Defendant B, the crime of this case is not good, and the Defendant does not seem to have any reflective attitude, such as denying the Defendant’s criminal act in this case only with the intent that it is irrelevant to himself. However, the Defendant has no criminal history other than the same criminal history and fine, and the degree of participation in the crime of this case is relatively minor, and the sentence is imposed in consideration of various sentencing conditions stipulated in Article 51 of the Criminal Act.

Judge Kim Young-hoon