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(영문) 울산지방법원 2017.01.12 2016고단4062
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 17, 2014, the Defendant was sentenced to six months of imprisonment with prison labor at the Busan District Court for fraud, and completed the execution of the sentence at the Busan Detention Center on November 24, 2014, and on October 6, 2016, the Defendant was sentenced to five months of imprisonment with prison labor for a violation of the Act on the Punishment of Acts, such as Intermediate Arrangement of Commercial Sex Acts (remediation of commercial sex acts, etc.) and is still pending in the appeal

1. From July 2016 to July 28, 2016, the Defendant, in violation of the Act on the Punishment, etc. of Acts, such as brokerage, etc. of sexual traffic (such as brokerage, etc. of sexual traffic) employed foreign women of sexual traffic, posted a letter related to sexual traffic using "D," etc., which is a smartphone app, and received 150,000 won in return for sexual traffic from the male sexual traffic who reported and contacted the letter, and had the said female sexual traffic engage in sexual traffic.

Accordingly, the defendant arranged sexual traffic for business purposes.

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

The defendant employed the N of the Kazakh's nationality with no status of sojourn eligible for job-seeking activities as female employees at the above date and place, and had them engage in sexual traffic.

Accordingly, the Defendant employed a person who does not have the status of sojourn eligible to work as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement 1 of the N, and a complaint issued by the Busan Immigration Control Center;

1. A report on internal investigation (investigation into the scene of detection, etc.);

1. Scenic spots and DNA conversations;

1. Previous convictions: Inquiry about criminal history, reporting on investigation (verification of repeated crimes), and application of the text of the judgment;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging, etc. Commercial Sex Acts concerning the relevant facts constituting an offense (the point of arranging commercial sex acts), Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (2) of the Immigration Control Act (the point of employing foreigners who have no status of sojourn) and the choice of imprisonment with labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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