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(영문) 광주지방법원 2016.08.17 2016고단2208
출입국관리법위반등
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 2015, the Defendant violated the Act on the Punishment of Acts, etc. of Arranging Sexual Traffic (such as brokerage, etc. of sexual traffic) committed a similar sexual intercourse against customers who employ female employees and find the said business place by leasing three floors of commercial buildings located in Gwangju Mine-gu, Gwangju, which are called “E Magaz.”

On December 21, 2015, from around March 17, 2016 to around March 17, 2016, the Defendant received 80,000 won from his/her name-free customers and provided guidance to the relevant heading room, and then, the Defendant hired female employees to have them look into the sexual organ of the customer by hand and let them look into the sexual intercourse.

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 in the Republic of Korea;

Nevertheless, on August 24, 2015, the Defendant employed a foreign F as an employee, who did not have the status of sojourn eligible for employment at the immediately preceding business establishment.

From that time until February 25, 2016, the Defendant employed foreigners who did not have the status of stay to work six times as shown in the list of offenses in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of a police officer in relation to F, G, H, I, J, or K;

1. Accusationing an immigration offender of L, a written statement of the accused, or the head of the Gwangju Immigration Office;

1. Application of Acts and subordinate statutes, such as police seizure records (voluntary submission), report on internal investigation (transfer of the immigration control office of a suspected suspect to the immigration control office), and report on investigation (report on calculation of the amount of additional collection);

1. Relevant laws and Article 19(2)1 of the Act on the Punishment of Acts, Including Arranging the choice of sexual traffic (referring to the act of arranging sexual traffic for the business purpose), Articles 94 Subparag. 9 and 18(3) of the Immigration Control Act (referring to the act of employing foreigners who have no status of sojourn eligible for employment) concerning facts constituting an offense, and Articles 19(2)9 and 18(3).

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