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(영문) 서울남부지방법원 2014.02.19 2013고단4242
횡령등
Text

A defendant shall be punished by imprisonment for not less than eight 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

"2013 Highest 4242"

1. A person who intends to conduct domestic fee-charging job placement services in violation of the Employment Security Act shall register with the head of the Gu having jurisdiction over the location of the principal office;

The Defendant did not register the violation of the Employment Security Act in Daejeon Dong-gu, Daejeon, established his office in the building of Daejeon-gu, and, around May 1, 2012, introduced three persons, such as E, F, and name-free boxes, to D, an entertainment drinking house proprietor, as female employees, and introduced three persons, such as E, F, and name-free boxes, into female employees. On the same day, around August 12, 2012, the Defendant introduced F, etc. to G, as female employees, and conducted fee-charging job placement services from around 14th to 18th of the same month.

B. On October 2012, the Defendant violated the Employment Security Act in the Yeongdeungpo-gu Seoul Metropolitan Government area without registering the establishment of “I Job Placement Service” in Yeongdeungpo-gu Seoul Metropolitan Government, and then introduced K as female employees on June 18, 2013, introducing K to J as an entertainment drinking house proprietor around the end of June, 2013, and allowing J to report the introduction fee of KRW 1.2 million to L, the Defendant’s creditor, and fee-charging job placement service.

2. Embezzlement;

A. A. Around May 2, 2012, the Defendant embezzled the victim D’s embezzlement at his/her office located in Daejeon Dong-gu, Daejeon, Daejeon. Around May 2, 2012, he/she received KRW 100,000 from the victim D, the owner of entertainment drinking club business, to deliver the down payment, which was paid as a down payment, from the victim D, before commencing the work, to the female employees’ M., and embezzled the said money by using the said money at his/her own bank account in the name of the Defendant, while keeping the said money for the victim.

B. On June 18, 2013, the Defendant of embezzlement against the Victim J is the Defendant at the “I Job Placement Office” located in Yeongdeungpo-gu Seoul Metropolitan Government H, along with the Defendant’s request for delivery of prepaid money from the Victim J, the owner of entertainment tavern business to K and requesting the payment from the female employees K.

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