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(영문) 대전지방법원 천안지원 2020.06.19 2020고단765

출입국관리법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the defendant shall be sentenced to the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From January 12, 2020 to February 20:23, 2020, the Defendant, from around January 12, 2020 to around February 20, 200: (a) employs an officetel B and E and F as a female of sexual traffic; (b) puts out commercial sex acts on an advertisement site of sexual traffic; and (c) guide an unspecified number of male customers, who reported and contacted with the advertisement, to have sexual intercourse with the said female of sexual traffic.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. No person who violates the Immigration Control Act shall employ any foreigner who has no status of sojourn eligible for employment activities;

Nevertheless, from January 12, 2020 to February 20:23, 2020, the Defendant employed two foreign E and F as a female sexual traffic, who had no status of stay to work in the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning E and F;

1. Written statements and field photographs of G and H;

1. Investigation report (calculated of profits from the sexual traffic);

1. Application of Acts and subordinate statutes on accusation of immigration offenders;

1. The provision of Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense, the provision of Articles 19 (2) 9 and 18 (3) of the Immigration Control Act (the point of business of arranging sexual traffic), the provision of subparagraph 9 of Article 94 and Article 18 (3)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The sentencing grounds under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc., shall be determined as the same as the disposition, comprehensively taking into account the following: (a) the accused’s age, occupation, character and conduct, environment, motive for committing the crime, circumstances after committing the crime, etc.; and (b) the accused’s age, occupation, character and behavior; and (c)