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(영문) 의정부지방법원 고양지원 2019.11.27 2019고단2541

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

A defendant shall be punished by imprisonment with prison labor for a period of ten months and a fine of five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. No one shall mediate the sexual intercourse in return for giving, receiving or promising to give, or receive any money, goods or other financial benefits from any unspecified person;

The Defendant, operating a sexual traffic business establishment under the trade name “C” on the fifth floor of the building B in Yongsan-gu, Busan Metropolitan City, employs women’s sexual traffic such as D (D, 35 years of age), E (E, 34 years of age), etc., from October 23, 2018 to May 16, 2019, and June 23, 2019;

6. 24. 24. Around 24. 10,000 won was received from male customers who found the above place of business in return for sexual traffic, and had them sexual intercourse with sexual traffic women of the above Thailand who had been waiting in the said place of business by guidance.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. If a foreigner who has violated 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 activities, as prescribed by Presidential Decree, and no person shall employ any person not eligible for the status

Nevertheless, from April 26, 2019 to May 16, 2019, the Defendant employed D (D, 35 years of age) with no status of stay eligible for employment activities as a female of sexual traffic at the business establishments specified in paragraph (1) from May 10, 2019 to May 16, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the examination of each police suspect with respect to E or D;

1. All on-site photographs;

1. Records and lists of police seizure;

1. A written accusation against violations of the Immigration Control Act;

1. A copy of a bankbook;

1. Investigation report (Analysis and report on details of transactions);

1. Application of Acts and subordinate statutes to investigation reports (report on the calculation of additional collection charges);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. [the Act on the Punishment of Acts of Arranging Sexual Traffic, Selection of Imprisonment and Fine concurrently (the Act on the Punishment of Acts of Arranging Sexual Traffic);