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(영문) 대전지방법원 천안지원 2020.04.03 2020고단3
출입국관리법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the defendant shall be sentenced to imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the owner of “C” in Asan City B.

1. No person who violates the Immigration Control Act shall employ any person having no status of sojourn eligible for employment activities under Acts and subordinate statutes;

Nevertheless, the Defendant, from around July 26, 2019 to around July 28, 2019, employed the status of stay D of Thailand who did not have the status of stay to engage in job-seeking activities, and the status of stay to engage in job-seeking activities, from around August 28, 2019 to August 28, 2019, as a marina branch, from the above “C”, under the condition of KRW 1,500,000 per month salary.

2. No one shall commit any act of arranging sexual traffic in violation of the Act on the Punishment of Arrangement of Commercial Sex Acts;

Nevertheless, from January 2019 to August 28, 2019, the Defendant employed and found female employees, such as F and G, who had been employed by the said business establishment, and received the payment of 90,000 won in cash from unspecified men, and had them engage in sexual intercourse with the said female employees.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F, G, H, E, or D;

1. A written statement of I;

1. Each list of seizure;

1. Application of Acts and subordinate statutes to a written employment confirmation, each written employment statement, and an investigation report (Attachment to the head of an accusation office);

1. The provision of Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense, the provision of Articles 19 (2) 9 and 18 (3) of the Immigration Control Act (the point of business of arranging sexual traffic), the provision of subparagraph 9 of Article 94 and Article 18 (3)

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

1. Article 62 (1) of the Criminal Act;

1. Calculation of the amount additionally collected under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic and Article 48 (1) of the Criminal Act: The amount of profit earned by the defendant during his/her business period = 5 million won = the collection of 50 million won average per day of sexual traffic ¡¿ 5 cases;

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