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(영문) 서울남부지방법원 2017.09.14 2017고단3365
직업안정법위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

A person who intends to provide domestic fee-charging job placement services shall register with a branch office of a Special Self-Governing Province having jurisdiction over the location of the main office.

The Defendant, without registering with the competent authority from October 2015 to the end of March 2016, operated a pay job placement office at the Defendant’s office located in 202 in Mapo-gu Seoul Metropolitan Government B building, from the end of the end of 2016 to March 2017, operated a pay job placement office at the Defendant’s office located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and the Defendant’s office at the Defendant’s office located in Yangcheon-gu, Seoul, and five floors. On November 27, 2015, the Defendant agreed to receive certain fees from Vietnam Korea at the time of hiring job seekers, upon receiving a request from this Vietnam Korea to recommend job seekers, this Vietnam company to pay a certain fee. On December 2, 2015, this Vietnam recommended job seekers E to Korea’s headquarters MD team, and recommended job seekers to the same job seeker, and on February 2016, 2016, the Defendant recommended the same job seeker as the Defendant’s business job seeker.

Accordingly, the Defendant provided a fee job placement service without registering with the competent authorities from October 2015 to March 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E-mail data (16-106 pages of investigation records);

1. Application of Acts and subordinate statutes (142-146 pages of occasional records);

1. Article 47 of the relevant Act and Articles 47 subparagraph 1 and 19 (1) of the Act on the Stabilization of Employment and Stability of Punishment concerning Criminal Facts (Selection of Imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has not been punished as his previous forces; that part of the defendant has been compensated for damage and the remaining amount of damage has recovered; that confessions and reflects a crime; that the defendant's age, sexual conduct, circumstances after the crime, family relationship, etc. are comprehensively considered.

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