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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Workers dispatch business shall, except for the direct production process business of manufacturing business, be subject to the business prescribed by Presidential Decree which is deemed appropriate in consideration of the expertise, technology, experience, the nature of business, etc., and no person shall be provided with the dispatched service for workers in violation of such provision.
Nevertheless, even though there is no need to secure human resources on a temporary or intermittent basis when a vacancy occurs due to childbirth, disease, injury, etc., the defendant was dispatched from franchi Co., Ltd., a dispatched company on January 1, 2015, and had 148 workers be dispatched from franchis to franchis, and had them engage in CNC processing and product inspection as described in the attached crime list between around that time and June 9, 2015.
As a result, the Defendant was provided with services of temporary workers on the direct production process of the manufacturing industry, which is not a business subject to dispatch of workers.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the management ledger of the dispatch business, details of claiming wages of the dispatched workers;
1. Article 43 of the Act on the Protection, etc. of Workers Eligible for Voluntary Dispatching of Punishment and Articles 43-2, 5 (5) and (1) of the Act on the Protection, etc. of Workers, and Selection of imprisonment;
1. The sentence of the suspended sentence under Article 62(1) of the Criminal Act, based on the following circumstances and the period of the crime, the number of dispatched workers, the age, occupation, occupation, sex, family relation, living environment, circumstances leading to the crime, and the like of the order, shall be determined by comprehensively taking into account the following circumstances in the records:
- The defendant seems to have recognized and reflected the crime.
- There is no past record of the criminal defendant being subject to suspended execution.
- Imprisonment with labor in the Incheon District Court on February 3, 2017 due to a crime of being provided by another company with dispatched services for a similar period of time.