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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On August 11, 2016, the Defendant made a false statement to the victim C, stating that “The Defendant sent the advance payment, including theme to send three employees who will engage in work at a multilateral bank,” by phoneing the victim C.
However, the Defendant borrowed prepaid money from a female employee as if he/she had paid off his/her work in multiple households, and then only had the intent to commit the crime of fraud under the so-called “Pailthing Act,” which does not perform any work, and in fact did not have the intent or ability to introduce the employee to be continuously employed by the victim.
Nevertheless, the Defendant received total amount of KRW 25 million from the injured party, KRW 13 million on August 11, 2016, KRW 700,000 on August 17, 2016, and KRW 5 million on August 19, 2016, from the accounts in the name of D (National Bank E).
2. A person who intends to operate a domestic fee-charging job placement service in violation of the Employment Stabilization Act shall register with the head of the competent Si/Gun/Gu having jurisdiction over the location of the
On August 2016, the Defendant, without registering a pay job placement office, introduced H as a female employee in G multilaterals located in GunF, which was located in GunF, and operated a fee job placement service to offer female employees to entertainment establishments, such as receiving KRW 1 million from the above multi-user, without registering a pay job placement office.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A report on investigation (Submission of text of the victim);
1. Application of Acts and subordinate statutes about details of financial transactions;
1. Relevant legal provisions of the Criminal Act and Article 347(1) of the Criminal Act (the fraud point, the choice of imprisonment), Article 47 Subparag. 1 and Article 19(1) of the Act on Employment Stabilization (the running of business of providing unregistered fee-charging job placement and the choice of imprisonment);
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 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order of community service [the scope of recommendation] and the general fraud (the amount less than KRW 100 million).