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(영문) 광주지방법원 목포지원 2016.03.29 2014고단1927
직업안정법위반
Text

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

However, the execution of the above punishment 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 paid job placement services shall register with the competent authority, but the defendant has not registered with the competent authority for paid job placement services.

On January 2012, the Defendant: (a) introduced nine seafarers from F, the owner of the (in the inshore fishing vessel, 18 tons) of the Young-gu D shipment; and (b) received a request from F, and received a request from F, the amount equivalent to KRW 16 million under the pretext of introduction; (c) around that time, only five seafarers were introduced to F; and (d) received a request from F to request for additional rescue of seafarers corresponding to the introduction fee already paid from F.

After that, on January 19, 2014, the Defendant: (a) drafted a boarding agreement with I to get B to board the Helel located in G to work on F-owned E; and (b) introduced I to F.

As a result, the defendant did not register a paid job placement service to the competent authorities, but provided a fee job placement service.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the F and I by each police officer;

1. Application of Acts and subordinate statutes to the details of transactions on board a bank account, a copy of the boarding agreement, a copy of the employment contract (I-F), four copies of the employment contract, and the details of transactions on the bank account

1. Article 47 Subparag. 1 and Article 19 Subparag. 1 of the former Employment Stabilization Act (amended by Act No. 12631, May 20, 2014) regarding criminal facts and Article 47 Subparag. 1 and Article 19 Subparag. 1 of the same Act regarding the choice of punishment ( comprehensively, the choice of imprisonment with labor)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has a record of being sentenced several times for the same crime, and even during the probation period due to habitual gambling, the crime of this case has been committed, and it is inevitable to punish the defendant significantly.

However, the fact that the defendant recognized the facts charged in this case, and that there is no record of the same kind of crime exceeding the fine, etc. shall be considered as favorable circumstances to the defendant, and the age, environment, sex, motive and means of the crime, and crimes are committed.

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