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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
A person who intends to conduct fee-charging job placement services is registered with the Governor of the Special Self-Governing Province or the head of the Si/Gun/Gu having jurisdiction over the location of the principal place of business, but the
1. From Apr. 26, 2018, “Cdab” located in Ansan-si B, to introduce “Cdab” to “E” as an employee. On April 30, 2018, the Defendant received transfer of KRW 1.2 million to a corporate bank account in the name of F, and conducted free job placement service.
2. Around May 9, 2018, at the office of “I” located in Ansan-si H, A, who operates Cda, introduced J as an employee. On May 12, 2018, he/she received transfer of KRW 1.2 million to a corporate bank account in the name of F used by the Defendant to conduct fee-free job placement services.
3. Around July 23, 2018, “Lda bank” located in K in Ansan-si, an employee, introduced N to M with Lda as an employee. On July 26, 2018, 400,000 won was transferred to the FO Association account (P) account used by the Defendant and conducted fee-free job placement service.
Summary of Evidence
1. Defendant's legal statement;
1. Each police interrogation protocol of M;
1. Each police statement made to N or D;
1. Application of Acts and subordinate statutes to investigation reports (Attachment to a statement of account transactions submitted by a suspect A);
1. Relevant Article 47 of the Employment Security Act, and Articles 47 subparagraph 1 and 19 (1) of the Employment Security Act, and the selection of imprisonment with prison labor, concerning criminal facts;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is the defendant who has been punished twice for the same kind of crime, and has been punished several times including punishment, suspended sentence, etc. for other crimes.
The defendant's act of providing job placement services without being registered with the competent authority after meeting the legal requirements is a dispute between the worker and the business operator, etc. of this case.