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A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
1. No person who violates the Immigration Control Act shall employ any foreigner without the status of sojourn eligible for employment activities;
Nevertheless, the Defendant employed, at his own Seo-gu, Seo-gu, Seo-gu, (4th floor) shop, F, a foreigner without the above sojourn status on December 2, 2016, G, a foreigner without the above sojourn status on March 2, 2017, H, a foreigner without the above sojourn status on April 5, 2017, and I, a foreigner without the above sojourn status on September 5, 2017, as female employees of the above marina business establishment, respectively.
2. No person shall engage in any act of creating similarity using any part of the body, such as sexual intercourse, mouth, harbor, etc. or implements, or become the other party to such act or mediate such act, in return for promising an unspecified person to receive or promise to receive money, valuables or other property benefits;
Nevertheless, on September 5, 2017, the Defendant: (a) received 110,000 won in cash from the J, which was found to be a customer at the above business establishment on September 21, 2017, and had F and sexual intercourse with the said business; and (b) had an unspecified number of customers receive 110,000 won in cash from the end of July 2017 to September 5, 2017 and arranged sexual intercourse with the female employees under the above 1.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of each police officer against F, G, H, I, and J;
1. A protocol of seizure and a list of seizure;
1. Scenic photographs of sexual traffic site;
1. Application of Acts and subordinate statutes to a criminal investigation report (personal data about the current status of entry or departure);
1. Article 19 (2) 1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic concerning facts constituting an offense (the brokerage of commercial sex acts and the punishment of acts, such as arranging sexual traffic, concurrently with imprisonment and fines under Article 24 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic) and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (the fact of employing foreigners without status of sojourn, the choice of imprisonment with labor);
1. The former part of Article 37 of the Criminal Code, and Article 38.