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(영문) 대전지방법원 천안지원 2017.05.12 2017고정222
출입국관리법위반등
Text

The sentence against the accused shall be five million won or more.

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 person who has no status of sojourn eligible for employment activities, as prescribed by Presidential Decree;

Nevertheless, the Defendant, from November 3, 2016 to November 8, 2016, employed D (one name: E) a foreign person who does not have the status of stay to engage in job-seeking activities under Section 206 of the Northern-gu, Northern-si, Yanan-si, Yan-si, and employed him/her at a sexual traffic business establishment operated by himself/herself, at the intervals of 40,00 won at the time of sexual traffic once.

2. On November 3, 2016, the Defendant violated the Act on the Punishment of Arrangement, etc. of Commercial Sex Acts (such as brokerage, etc. of commercial sex acts) (hereinafter referred to as “F”), which was found through the Internet “F” website around 22:30 on November 8, 2016, the Defendant assisted the business of arranging sexual traffic by having D from November 3, 2016 to November 22:30, 2016, by allowing D to have sexual intercourse with an average of 3-4 customers on a daily basis.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. G self-statements;

1. On-site photographs;

1. Application of Acts and subordinate statutes on internal investigation reports (referring to the direction to hand over the immigration control office;

1. Relevant laws and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (referring to the employment of a person who does not have the status of sojourn eligible for employment activities) on criminal facts, and Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (referring to the employment of a person who has no status of sojourn eligible for employment activities), and selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The reason for sentencing of Article 186(1) of the Criminal Procedure Act, which imposes litigation costs, is the form and degree of the instant crime (in particular, it has been already controlled by the same kind of crime).

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