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(영문) 부산지방법원 2016.11.24 2015고단7091
선원법위반
Text

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

Reasons

Punishment of the crime

On November 10, 2016, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution as a crime of violating the Employment Security Act at the Busan District Court on November 10, 2016, and the judgment was finalized on November 18, 2016.

On January 6, 2015, the Defendant, without registering with the competent authority, posted the advertisement of seafarers’ job offers and job seeking at “D” offices located in the Dong-gu Busan Metropolitan City C and 603, on each local living information area and the Internet, etc., and introduced F as seafarers and received KRW 2,00,000 for introduction expenses, and received KRW 2,00,00 for introduction expenses. From the above date to June 5, 2015, the Defendant introduced 38 seafarers over 38 times from the above date to the owner of the fishing vessel, etc. who is the job offerer, as shown in the list of crimes, and took 47,290,000 won for introduction expenses, and conducted unregistered fee-charging job placement services.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the statement;

1. On board crew members' data and details of entrance fees for introduction, detailed statement of deposits and withdrawals of each deposit account, submission of data related to investigation affairs, detailed statement of deposits, certificates of deposits in newspapers, copies of copies of newspapers, and submission of data related to investigation affairs;

1. Each investigation report (number 6,8,10,11,12,15);

1. Previous convictions in judgment: To apply the Konet case search output, and the application of each statute of the judgment;

1. Relevant Article 47 of the Employment Security Act, and Articles 47 subparagraph 1 and 19 (1) of the Employment Security Act, and the selection of imprisonment with prison labor, concerning criminal facts;

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act, have the record of criminal punishment three times for the same crime.

In particular, the prosecution against the criminal facts stated in the judgment in the latter part of Article 37 of the Criminal Code was instituted on December 16, 2014. The defendant was not opened but committed the crime in this case from January 5, 2015. Since there was no her prior conviction and there was a high risk of re-offending, it is necessary to punish the defendant with severe punishment by sentence.

In the above circumstances, the defendant acquired from the crime of this case.

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