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(영문) 의정부지방법원고양지원 2020.11.26 2020고단2661

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

1. No one shall mediate the sexual intercourse in return for giving, receiving or promising to give, or receive any money, goods or other financial benefits from any unspecified person;

From April 25, 2020 to May 26, 2020, the Defendant was to operate a sexual traffic business establishment in the name of “C” in the name of “C” on the second and second floor of PPP, and advertised the said business establishment with four persons, including D (D, leisure, 31 years old, etc.) of the nationality of Thailand as a woman of sexual traffic, and advertisement with “E”, an advertisement site for sexual traffic, etc. The Defendant reported the advertisement, and had them receive KRW 100,000 from many unspecified male customers, and had them do sexual traffic and sexual intercourse with the said women.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. A foreigner who violates the Immigration Control Act intends to find a job in the Republic of Korea shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ any person who has no status of sojourn eligible for employment activities thereunder

Nevertheless, the Defendant, from May 20, 2020 to May 25, 2020, employed the said D (D, female, 31 years of age) without the status of stay to engage in job-seeking activities in the Republic of Korea as a sexual traffic woman.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. The head of the office for entry into or departure from the two weeks;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes, such as a detailed list of transactions in deposit and withdrawal, such as a real estate lease contract and a report on internal investigation (Evidence No. 5);

1. A person who does not have the status of sojourn eligible for job-seeking activities under Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense (the occupation of a business arranging sexual traffic) and Articles 94 subparag. 9 and 18(3) of the former Immigration Control Act (amended by Act No. 17089, Mar. 24, 2020 and enforced September 25, 2020).