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(영문) 대전지방법원 2017.05.26 2017고단951

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

Defendant

A Imprisonment with prison labor of 10 months and fines of 5,00,000 won, and Defendant B shall be punished by imprisonment with prison labor of 6 months.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the actual operator of “E” in Sejong City, and Defendant B is the employee of the above establishment.

1. No one shall accept money, valuables or other property gains from unspecified persons, and mediate sexual intercourses or acts similar thereto, against such unspecified persons;

Nevertheless, Defendant A, who employs Thailand F, G, etc., intended to operate a sexual traffic brokerage business for unspecified men, and Defendant B, as a manager, planned to arrange sexual traffic between customers who find the place where female employees are managed and female employees are engaged in sexual traffic.

Ultimately, the Defendants conspired to act as a broker for sexual traffic by receiving KRW 1,30,000 per man from an unspecified male who found the said business establishment, and arranging sexual traffic with the said F, from June 2016 to July 19, 2016.

2. Defendant A in violation of the Immigration Control Act employed Defendant F and G as an employee at the above marina business establishment from June 2016 to July 19, 2016, who did not have the status of sojourn eligible for job-seeking activities.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement concerning F and G, each statement in the police interrogation protocol;

1. Application of Acts and subordinate statutes to entries in seizure records;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 24 and 19(2)1 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc., Article 30 of the Criminal Act (the point of arranging commercial sex acts, the punishment of imprisonment and the fine) and Articles 94 Subparag. 9 and 18(3) of the Immigration Control Act (the point of employing non-resident status and the choice of imprisonment)

B. Defendant B: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts; Article 30 of the Criminal Act; Articles 30 of the Criminal Act; and choice of imprisonment

1. A aggravated defendant for concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the largest punishment].