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(영문) 대구지방법원 2015.06.05 2015고단1623
직업안정법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 3, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for a crime of violating the Employment Security Act at the Daejeon District Court on July 3, 2013, and completed the execution of the sentence on November 1, 2013.

No job placement, recruitment, or supply of workers shall be conducted for the purpose of having workers employed in a job in which sexual traffic or other obscene acts are conducted.

Nevertheless, on March 2014, the Defendant: (a) sent D(27 years of age) known to the Defendant through a multi-purpose shop, which he had known to the Defendant; (b) sent D(27 years of age to the sexual traffic business establishment; and (c) introduced D(F) to F(a) who is a sexual traffic business establishment located in North Korea E-gu, at the port of call, for the purpose of having the said D be employed in the “one-time house” term; and (d) let the said D work from the place to April 4, 2014.

In the end, the defendant provided job placement services for the purpose of having sexual traffic establishments employed.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on D;

1. Entry into the agricultural bank account passbook copy, and investigation report (the location of the business establishment engaged in sexual traffic introduced by the suspect);

1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records, etc., investigation reports (verification of the same crime during the period of repeated crime), separate judgments, and summary order;

1. Relevant Article 46 (1) 2 of the Employment Security Act (wholly amended by Act No. 12631, May 20, 2014) and the former Employment Security Act (wholly amended by Act No. 12631, May 20, 2014);

1. The act of introducing a female to a sexual traffic business establishment with the reason of sentencing under Article 35 of the Criminal Act among repeated offenders is strictly prohibited in the Employment Security Act, and the defendant committed the crime of this case only for a period of four months after the execution of the punishment was completed for the same kind of crime, and there is a record of multiple criminal punishment, it is inevitable to sentence the defendant to imprisonment.

Provided, That the number of crimes committed by the defendant and acquired by the crime.

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