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(영문) 광주지방법원 목포지원 2017.08.10 2017고정270
직업안정법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who intends to provide domestic fee-charging job placement services shall register with the head of a Si/Gun/Gu having jurisdiction over the location of the principal place of business;

Nevertheless, on August 1, 2015, the Defendant introduced F to E, the owner of D located in Newanan-gun C, N, and received 1,300,000 won from the above E to the Saemaul Treasury Account (H) account in the name of G in the name of G in terms of introduction expenses, without registering a fee job placement business.

2. The Defendant introduced F to the victim E, the owner of the D, as described in paragraph 1, at the time, at the place, and as described in paragraph 1, as D’s crew. On the same day, the Defendant received the F’s advance payment of KRW 2.5 million from the victim, on behalf of the said F, from the victim, to the Saemaul Treasury’s account in the name of G, and withdrawn and kept the F’s advance payment.

The defendant, while keeping the above 2.5 million won in advance for the victim, used the above money for personal purposes such as living expenses, etc. at the daily center in Busan City, and embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to reply to investigation data related to boarding contracts, transfer immediately after consolidation, and employment placement offices;

1. Article 47 subparagraph 1 of the Act on the Stabilization of Employment and Stability of Punishment, Article 47 and Article 19 (1) of the Act on the Stabilization of Employment and Employment (hereafter referred to as "operation of business providing a fee-charging job placement service"), Article 355 (1) of the Criminal Act (hereafter referred to as "Embezzlement") and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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