2019 Highest 1599 Violation of the Employment Security Act

1. A;

2. B

3. C.

The transfer of a written indictment, the conciliation clothes, and the public trial.

August 23, 2019

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive. nine million won shall be collected from the defendant.

[Defendant B] The defendant shall be punished by a fine of KRW 15 million. If the defendant fails to pay the above fine, the defendant shall be confined in the workhouse for the period calculated by converting 100,000 won into one day.

70,000 won shall be additionally collected from the defendant.

In order to order the provisional payment of an amount equivalent to the above fine.

[Defendant CI Defendant shall be punished by imprisonment for six months.]

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive. 16 million won shall be collected from the defendant.

Criminal facts

【Criminal Power】

Defendant A was sentenced to five months of imprisonment for a crime of fraud at the Changwon District Court on October 11, 2018, and the judgment becomes final and conclusive on the 26th of the same month. On January 10, 2019, Defendant A was sentenced to a suspended sentence of six months to a imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the judgment became final and conclusive on the 18th of the same month on the 18th of the same month. Defendant B was sentenced to a suspended sentence of six months at the Changwon District Court on November 9, 2017 for a violation of the Punishment of Violences, etc. Act (joint injury) and was sentenced to a suspended sentence of two years on July 31, 2018 (criminal fact).

1. Defendant A

The defendant is a 'D' news release business owner.

From early December 2017 to June 2018, the Defendant, without being registered with the competent authority, introduced the said Does to the entertainment establishments of E-dong E-dong E-dong E-dong E-dong E-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, G, H, I (Gam), I (Gam), J (Gam), K (Gam), and introduced the said Does to the entertainment establishments of E-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, on condition that 90,000 won should be paid for two hours, and received 20,000 won among them as the introduction fee and received 20,

2. Defendant B

The defendant is a 'L' reporting employer.

From August 2016 to January 21, 2019, the Defendant, without registering with the competent authority, introduced without-registration fee-charging job placement services, under the condition that the said Does are paid KRW 90,000,000 to E-dong entertainment business establishments, by waiting female Domins, such as the E-dong E-dong E-dong, MKan P (Gain), MKan P (Gain), D (Gain), P (Gain), etc., in order to place the said Domins at the E-dong entertainment business establishments, and conducted free fee-charging job placement services by raising profits equivalent to KRW 2.6 million each month.

3. Defendant C.

(a) Title lending;

No person shall conduct job placement services using the name or trade name of a person who has registered fee-charging job placement services.

On February 17, 2012, Q Q, from the above Q, lent the trade name of "R" registered with the Seongbuk-gu Office in Changwon-si from the above Q. From May 2017 to May 2018, the Defendant introduced women's helpers from Changwon-si E-dong entertainment business using the above trade name under the condition that they receive KRW 90,00 won for two hours at the E-dong entertainment business, and provided job placement services in which women's helpers receive KRW 20,000 among them.

(b) Conducting free or fee-charging job placement services;

From the end of May 2018 to January 25, 2019, the Defendant, without registering with the competent authority, introduced the said well-known to E-dong entertainment establishments, on condition that they receive KRW 90,00 won from the end of May 2018, 2019, and conducted fee-charging job placement services by raising profits of KRW 2 million per month by receiving KRW 200,000,000 from among them as introduction fees.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of the police suspect of Q Q;

1. The police statement concerning G;

1. Investigation report (detailed, inquiry by an excursion ship or telephone subscriber, current status of job placement offices, attachment to news reports), investigation report (verification of persons subject to return to criminal proceeds and calculation of additional collection charges);

1. Photographs of news release business;

1. Previous convictions in judgment: Dispositions and findings of confirmation (A), investigation reports (Attachment to recent rulings A by a suspect), investigation reports (verification of the period of stay of execution of B by a suspect), and respective judgments;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A and C: Subparagraph 1 of Article 47, Article 19(1) of the Employment Security Act (a point of free and fee-charging job placement services) and each decision of imprisonment;

B. Defendant B: Article 47 Subparag. 1 and Article 19(1) of the Employment Security Act (a point of free and fee-charging job placement services), and selection of fines

1. Defendant A of concurrent law treatment: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Detention in a workhouse;

Defendant B: Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

Defendant A and C: Article 62(1) of the Criminal Act

1. Additional collection:

Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment

1. Order of provisional payment;

Defendant B: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

[Defendant A] The fact that he has been punished for the same crime, the operating period, operating method, the amount of profit gained by the business, the confession, and reflects it, the equity with the case of the judgment at the same time as the previous conviction in which the judgment has become final and conclusive, and the punishment shall be determined as ordered in consideration of the defendant's age, character and conduct, circumstances after the crime,

[Defendant B] The sentence shall be determined as ordered in consideration of the fact that the crime was committed during the period of suspended execution due to the crime of double-class, the fact that there is no record of punishment for the same crime, confession, and reflects, the operating period, operating method, the amount of profit gained by the business, age, character and conduct of the defendant, circumstances after the crime,

[Defendant C] The punishment shall be determined as ordered in consideration of the fact that there is no record of punishment for the same kind of crime, and is confession and reflective, the operating period, operating method, the amount of profit earned by the business, the age, character and conduct of the defendant, circumstances after the crime, etc.

Judges Lee Jong-sung