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(영문) 제주지방법원 2015.11.06 2015고정880

직업안정법위반등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Employment Security Act shall engage in the job placement, recruitment or supply of workers for the purpose of having another person be employed in the job of engaging in sexual traffic or other obscene activities, and shall operate the labor supply business without obtaining permission from the competent authority;

The Defendant is a person who employs four sexual traffic women under the trade name of “B” and operates a “marcing” “B” in which these women are provided to sexual traffic business establishments.

From January 1, 2015 to May 22, 30, 2015, the Defendant received a request from the operators of the illegal image clubs located in the Jeju-do House to send the women engaged in sexual traffic, thereby sending the women engaged in sexual traffic to the sexual traffic establishments, and accordingly, received KRW 10,000 per person in return.

Accordingly, the defendant was engaged in labor supply business without obtaining permission from the competent authorities to have a job for which sexual traffic is conducted.

2. On May 14, 2015, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) committed the act of arranging sexual traffic for the following reasons: (a) around 22:30, the Defendant, upon receiving a request from the business owner E of “D,” which is a commercial sex business establishment with the first floor of the building, provided that he/she would supply the female sexual traffic to the said “D.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Investigation report (Attachment of records related to the control of a sexual traffic establishment), investigation report (verification of vehicle siren details);

1. Application of Acts and subordinate statutes to inquiries about facts;

1. Relevant legal provisions concerning facts constituting an offense, Article 46 (1) 2 of the Employment Security Act (the point of supplying workers for the purpose of engaging in the sexual traffic business), Article 47 subparagraph 1 of the Employment Security Act, Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. and the selection of fines, respectively;

1. Article 37 of the Criminal Code among concurrent crimes.