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(영문) 울산지방법원 2017.06.22 2017고단937

출입국관리법위반등

Text

Defendant

A A shall be punished by a fine of five million won, by imprisonment with prison labor for six months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. When Defendant A intends to have a foreigner engage in job-seeking activities, he shall employ only those who have the sojourn qualification to engage in job-seeking activities under the conditions as prescribed by the Presidential Decree;

Nevertheless, from December 3, 2016 to December 23:3:30 of the same month, the Defendant employed F, a female national of Thailand, who entered the Republic of Korea as a tourism visa, as a female employee of sexual traffic.

2. Defendant B

(a) No person who violates the Act on the Punishment, etc. of Acts, including brokerage, etc. of sexual traffic, shall arrange sexual traffic for the business of receiving or promising to receive money, valuables and other property benefits from unspecified persons;

Nevertheless, the Defendant arranged sexual traffic over several occasions from the time when he received KRW 120,00 in return for sexual traffic from customers, and let female employees in the name of the fatherland who are in the place, engage in sexual traffic until February 2017, from the time when he received 120,000 won in return for sexual traffic.

B. On April 25, 2016, the Defendant, who violated the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic (referring to brokerage, etc. of sexual traffic), provided that he/she, despite being aware of the fact that he/she, who is his/her own child, mediates sexual traffic for the business of arranging sexual traffic, he/she assisted and aids and abets the business of arranging sexual traffic of the said A by providing that he/she, such as I, employed by his/her own H, to an employee of his/her own nationality, who is a female national, to engage in sexual traffic.

Summary of Evidence

[Judgment No. 1]

1. Defendant A’s legal statement

1. A protocol concerning the interrogation of suspect with respect to F;

1. Certificates of transfer and takeover of a foreigner;

1. Photographs at the time of crackdown (the second fact in judgment);

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. The details of pictures and text messages of the relevant establishment, and the application of the statutes governing the lease agreement;

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Immigration Control Act.