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(영문) 수원지방법원 안산지원 2017.06.09 2017고단988
직업안정법위반
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who runs a news room business to request entertainment reception workers from a entertainment shop and a singing practice place, and is a female entertainment reception workers to board Bone Starex and to leave the relevant place of business. A person who intends to provide domestic pay vocational placement services is registered with the head of the Special Self-Governing Province branch, the head of the Si/Gun/Gu having jurisdiction over the location of the principal place of business. However, the Defendant provided six female entertainment reception workers, including C, to the entertainment center in the Newcheon-gu, Sincheon-gu, Seoul, without being registered with the competent administrative agency on February 26, 2016, without being registered with the competent administrative agency. The Defendant provided six female entertainment reception workers, including C, to the entertainment center in the form of deducting fees of KRW 5,00 from the hourly brokerage fees, and provided them with fee of KRW 165,00 from the time brokerage fees to March 28, 2016 as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. The application of Chapter 33 Acts and subordinate statutes to the copies of a business site;

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 Criminal Facts (generally, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act is that the Defendant is not suitable to repeatedly commit the instant crime even if he/she was subject to criminal punishment twice due to the same type of crime.

However, the sentencing conditions specified in the trial process, such as the defendant's age, sexual conduct, environment, circumstances, means and results of the crime, etc., are determined as ordered by considering the following facts: (a) the defendant reflects the mistake; (b) the criminal records of the same kind of crime after the criminal punishment was imposed in 2008; and (c) the defendant's age, sex, environment, circumstances after the crime was committed.

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