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(영문) 울산지방법원 2017.09.05 2017고단2425

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. No one shall arrange sexual traffic for business purposes, in return for giving, receiving, or promising to give, money, valuables, and other property gains to unspecified persons, in violation of the Act on the Punishment of Arrangement, etc. of sexual traffic;

From the end of November 2016 to April 11, 2017, the Defendant installed a studio room equipped with bathing, etc. from the operator's "E" of his own operation "E" to the end of his own operation "Y-gu, Ulsan-si, Ulsan-si, and arranged sexual traffic with female employees, such as F (Suspension of Prosecution on the same day), by providing approximately KRW 140,000,000 to many and unspecified customers who find the place and guiding them to the above studio, and by allowing them to engage in sexual traffic.

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

From April 9, 2017 to November of the same month, the Defendant employed F, a foreigner who does not have the status of sojourn eligible for job-seeking activities in the “E” as indicated in the foregoing paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G, F, H, and I;

1. On-site photographs, details of accounts, text messages, and records of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Assistance, etc. in the Selection of Sex Acts and Subordinate Statutes concerning facts constituting an offense, Article 19 (2) 9 of the Immigration Control Act, Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Circumstances unfavorable to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The method and scale of the business in this case, where the defendant employs an illegal alien as a female employee and introduced a sex purchase remaining through a change of a professional guest in several hundreds, and the customer is managed as a member and causes sales of at least ten million won per month.