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(영문) 창원지방법원 통영지원 2017.10.13 2017고단524

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a business owner who operates commercial sex acts in the name of "D" on the second and second floors in Gyeongnam-si.

1. From November 4, 2016 to December 17:40, 2016, the Defendant violated the Act on the Punishment, etc. of Acts, including brokerage, etc. of sexual traffic (such as brokerage, etc. of sexual traffic), provided five smuggling, scamblings, shower facilities, etc. at the above “D” business establishment, and hires Chinese-registered women E and F as women in sexual traffic and operates the overall business establishment. The Defendant arranged sexual traffic by allowing them to receive 180,000 won from many unspecified male customers who have found the said business establishment to have sexual intercourse with the said women in sexual traffic, and, in return, providing them with 10,000 won to the said women in sexual traffic.

2. No person who violates the Immigration Control Act shall employ any foreigner not holding the status of sojourn eligible for employment activities;

Nevertheless, the Defendant, from November 4, 2016 to December 12, 2016, employed Chinese nationality E, who entered the place specified in paragraph (1) as a short-term general qualification that makes it impossible to engage in job-seeking activities, as a sexual traffic woman, and employed Chinese nationality F, who entered the Republic of Korea as a medical tourism qualification from November 201 to December 12, 2016, as a sexual traffic woman.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. A written accusation;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts, such as Arranging Sexual Traffic (the point of arranging sexual traffic), Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (the point of employing a person having no status of stay), and selection of fines;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (in calculating the amount of collection, the calculation of the amount of collection shall be based on the defendant's statement to an investigative agency.