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(영문) 인천지방법원 부천지원 2020.02.05 2019고단2348 (1)
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. From April 2019 to May 3, 2019, the Defendant promised to receive 60,000 won out of the price of sexual traffic, which had been employed by the co-defendant E as an employee, from his/her employee, from his/her mid-to-mid the mid-to-mid of April 2019 to May 3, 2019, and engaged in sexual traffic with male and female workers including B.

(b) Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period.

Nevertheless, the Defendant entered the Republic of Korea as a tourism visa (Visa exemption) around September 2017 with the nationality of Kazakhstan and stayed in the Incheon House by May 3, 2019, even though the period of sojourn was met on September 26, 2018.

2. Defendant B: (a) around May 3, 2019, around KRW 1-A.

In the same place as the paragraph, 120,000 won was paid and sexual traffic was conducted with female employees A.

Summary of Evidence

1. Defendant B’s legal statement

1. The interrogation protocol of the police officer against Defendant A, and the second interrogation protocol of the police officer against Defendant B;

1. The second protocol of suspect examination, copy of lease contract, and financial transaction details of the police for E;

1. Written accusation by the head of the Incheon Immigration Office and the head of the relevant foreigner (27 pages of investigation records);

1. Information on the foreigner's personal information;

1. Application of statutes on field photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 21(1) of the Act on the Punishment of Acts of Arranging Sexual Traffic (the point of sexual traffic), Article 94 Subparag. 7 and Article 17(1) of the Immigration Control Act (the point of stay going beyond the scope of sojourn status and sojourn period), and the choice of imprisonment, respectively;

B. Defendant B: Article 21(1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, and Selection of a fine

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

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of the provisional payment order: Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act;

1. Location of the defendant A.

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