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(영문) 수원지방법원 성남지원 2018.08.29 2018고단1243

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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. Violation of the Act on the Punishment, etc. of Arrangement, etc. of Commercial Sex Acts (such as brokerage, etc. of commercial sex acts), the Defendant is a person who operates commercial sex acts establishments on the second floor of buildings in Gwangju City, and “C” in the trade name.

The defendant from March 28, 2018 to the same year.

4. From December 12, 200 to December 12, 200, sexual purchasing women, such as female employees E, who were employed in advance, engaged in sexual traffic, who reported and contacted sexual traffic advertisements posted on “D,” etc., which is an Internet adult site, in cash, from sexual purchasing men whose names cannot be known, to the point of contact with them, and who had sexual traffic women, such as female employees E, who were employed in advance, engaged in sexual traffic, once sexual intercourse with the above sexual purchasing men.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. No person who violates the Immigration Control Act shall employ a person who has no qualification to sojourn in the Republic of Korea to engage in employment activities;

Nevertheless, from April 2018 to April 12, 2018, the Defendant employed a female E of Thailand with no status of sojourn eligible for job-seeking activities in the Republic of Korea as an employee of the said business place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A written statement of F and G;

1. Interior and exterior photographs of the business concern, printed materials after utilizing the Internet, and printed materials of Internet advertisement;

1. Business registration certificate and copy of lease contract;

1. Application of the Acts and subordinate statutes of a passport and sojourn date;

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic (the point of arranging sexual traffic), Articles 94 Subparag. 9 and 18(3) of the Immigration Control Act (the point of employing illegal aliens), and the choice of imprisonment, respectively;

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. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be the brokerage, etc. of sexual traffic crimes of 19 years or older;