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(영문) 서울중앙지방법원 2017.04.19 2017고단771

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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Defendant shall be punished by imprisonment for a year and April, and a fine of twenty thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. From July 6, 2016 to December 28, 2016, the Defendant violated the Act on the Punishment of Acts, etc. of Arranging Commercial Sex Acts (mediation of commercial sex acts), along with E and F, to lease the fourth floor of the building in Seo-gu Incheon Metropolitan Government from July 6, 2016 to December 28, 2016, to showering facilities, 8 rooms, one room for business owners, one room for employees, one inside a air room, one massage machine, and CCTV equipment, etc., installed the signboards, etc., and received advertising materials, such as signboards, from the men who reported the advertisements, and provided them with 10,00 to 130,000 won for the price of commercial sex acts, and then pre-employed female H (H, one name “I”), J (J, one name “K”), L (M), one name “N,” and let female women enter the room, such as the n, N (O).

Along with gender, sexual intercourse was made.

Accordingly, the defendant conspireds with E and F for business purposes to arrange sexual traffic.

2. No person who violates the Medical Service Act shall open a massage place or engage in massage conduct unless he/she has obtained certification of his/her qualification;

Nevertheless, from July 6, 2016 to December 28, 2016, the Defendant: (a) had Q and Il-mar (R) et al., who did not obtain certification as a massage club qualification at a business establishment “P Mam” as referred to in paragraph (1) of the same Article, take the body of an unspecified number of customers in good hands, or take the massage in a way of taking the body of an unspecified number of customers in good hands; and (b) received KRW 50,00 per customer under the pretext of massage.

As a result, the Defendant established and operated a massage place without obtaining certification of qualification for a massage.

3. If a foreigner violating the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment, and no person shall employ any person who has no such status of sojourn as above;

Nevertheless, from July 6, 2016 to December 28, 2016, the Defendant entered the “P Maz” business establishment, such as the foregoing paragraph (1), into the Republic of Korea as a tourism visa (B1) and employed a foreigner of Thailand’s nationality, the period of stay of which expires, as a marina, as a foreigner of Thailand’s nationality, for whom each period of stay expires.

Summary of Evidence

1. The defendant's person;

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