(영문) 광주지방법원 목포지원 2015.09.17 2015고단358

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(영문) 광주지방법원 목포지원 2015.09.17 2015고단358

직업안정법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

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

Nevertheless, the Defendant did not register fee-charging job placement services with the competent authority, from August 2012 to January 16, 2014, paid KRW 1.5 million per month to F who registered and operated E job placement offices in F and E job placement offices, and leased the name of F and E job placement offices. On January 16, 2014, the Defendant introduced L and H, job seekers, job offerer J, job offerer, to enter into an employment contract by introducing them to the job offerer J, and received KRW 3.24 million for job placement from the end of August 2012 to the end of January 16, 2014, and conducted fee-charging job placement services against job seekers by borrowing approximately 80 job seekers with the name of F and the trade name of E job placement offices.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police statement made to G, H and F;

1. Investigation report (final order of F summary order);

1. A copy of fee-charging placement service registration ledger;

1. Application of Acts and subordinate statutes of a copy of each contract of employment (Evidence No. 2-1, No. 25, No. 27)

1. The crime of this case is committed again by the Defendant on the grounds that the Defendant was sentenced to a suspended sentence of imprisonment for the same kind of crime in 2004, 2006, and 2012, for the reason of sentencing under Article 47 subparag. 3 and Article 21 of the Employment Security Act for the crime of this case, and Article 47 subparag. 3 of the same Act for the selection of punishment. The crime of this case is committed immediately after the Defendant was sentenced to a suspended sentence of imprisonment for the same kind of crime in 2012, and the crime of this case is committed during the suspended sentence period of the above judgment, and the cost of the name lending that the Defendant paid to F is about KRW 15 million, whichever is greater.

However, in consideration of the fact that the defendant recognizes his/her mistake and reflects it, the age, character and conduct, family relationship, etc. of the defendant.

참조조문

-직업안정법 제21조

-직업안정법 제47조 제3호

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