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(영문) 서울남부지방법원 2018.08.22 2018고단2340

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, in violation of the Act on the Punishment of Arrangement, etc. of Commercial Sex Acts (i.e., brokerage, etc. of commercial sex acts), posted an online website “B” between March 12, 2018 and March 16, 2018, and arranged commercial sex acts against unspecified men who reported and contacted such advertisement.

On March 16, 2018, around 14:41, the Defendant received KRW 120,000 from D from Geumcheon-gu Seoul Metropolitan Government Officetel 303,00 won and had E, a female employee, engage in sexual intercourse.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

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

Nevertheless, from March 12, 2018 to March 16, 2018, the Defendant employed Thailand E who did not have the status of stay to engage in job-seeking activities at the same place as that described in paragraph 1, and had it associate with an unspecified male.

As a result, the defendant employed the E of Thailand nationality who did not have the status of sojourn eligible for job-seeking activities.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. On-site photographs;

1. Application of the Acts and subordinate statutes requesting an accusation against a person who violates the Immigration Control Act;

1. Article 19(2)1 of the Act on the Punishment, etc. of Acts, Including the relevant law regarding criminal facts, and Article 19(2)9 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic (the brokerage of commercial sex acts, the choice of imprisonment), Article 94 Subparag. 9 and Article 18(3) of the Immigration Control Act (the fact that foreign employment without status of stay, the choice of imprisonment, and the Defendant’s employment of tigers was unaware of the violation of the Immigration Control Act;

However, this does not affect the establishment of a crime because it is merely a mere legal site.

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 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's reasons for sentencing in Article 62-2 of the Criminal Act for providing community service and attending lectures.