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(영문) 대전지방법원 서산지원 2016.06.17 2016고단280

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on the Punishment, etc. of Acts of Arranging sexual traffic (such as brokerage, etc. of sexual traffic) (hereinafter referred to as “C”), the Defendant operated a sexual traffic business establishment from February 15, 2016 to March 15, 2016 with the trade name of “C” from March 15, 2016, with 10 rooms and 10 rooms in which the bath and bedle are installed, employing sexual traffic women D and E, and having them receive 120,000 won per time from the male customers who found the above business establishment and have them to have sexual intercourse with the customers, and as above, obtained profits of KRW 40,000 per time out of the sexual traffic price received to the above D and E, with the total of KRW 10,80,000 per payment to the said D and E.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. A person violating the Immigration Control Act shall not employ a person who does not have the status of stay eligible for job-seeking activities, as described in paragraph (1), the Defendant, while operating a sexual traffic business establishment, as described in paragraph (1), employed the person as a foreigner of the nationality of the Thailand (B-1) from February 15, 2016 to March 15, 2016, and E (B-1) who is a foreigner of the Thailand nationality (B-1) from March 15, 2016, as an employee of the said business establishment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The written statement of the defendant;

1. On-site photographs, business registration certificates, and real estate lease contract;

1. Application of Acts and subordinate statutes on investigation reports (not more than 92 pages);

1. Relevant Article 19 (2) 1 of the Act on the Punishment of Acts, such as Arranging Sexual Traffic for the crime, Articles 9 and 18 (3) of the Immigration Control Act, Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act, and the choice of imprisonment;

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 circumstances leading to the latter part of Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection: [7.2 million won = 80,00 won (120 won - 40,000 won) ¡¿ 3 x 30 days] x 30 days disadvantageous to the reasons for sentencing: Foreign women who cannot engage in job-seeking activities shall be employed;