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(영문) 의정부지방법원 고양지원 2019.03.14 2018고정1062

성매매알선등행위의처벌에관한법률위반등

Text

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

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

Reasons

Punishment of the crime

To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the facts charged was revised.

No one shall employ any person not entitled to sojourn status that he/she is entitled to engage in job-seeking activities, nor shall he/she engage in massage for profit without obtaining recognition of his/her qualification, nor engage in any act of arranging sexual traffic, etc. for business purposes.

Nevertheless, the Defendant operated commercial sex acts and massage business under the trade name “D” in the building B of Goyang-dong, Yongsan-gu, the Defendant, without obtaining the recognition of a massageman, employed E (Entry around October 15, 2017) and F (Entry around February 14, 2017), respectively, as an employee, and had the said employee take place from October 16, 2017 to October 30 of the same month by receiving the fixed amount of KRW 50,00 to KRW 120,00 from the customers visiting the said place of business from the customers visiting the said place of business to take part in commercial sex acts by having them take part in, or take part in, the method of taking part in, the body of customers, or by inducing them to take part in, the sexual organ by hand, or by inducing them to grow up with their sexual organ. In return, the Defendant paid KRW 25,500 per hour to the said employees.

As a result, the Defendant employed a person who does not have the status of sojourn eligible for job-seeking activities, and the Defendant's employees did not obtain the qualification of a massager as above and engaged in massage for profit-making purposes, and arranged commercial sex acts for business purposes.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Each police suspect interrogation protocol concerning E and F;

1. Seizure records;

1. Application of a business registration certificate, a copy of a sexual traffic advertising site, closure data, and statutes governing the field collection photographs;

1. Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the Immigration Control Act (the occupation of employment of foreigners who do not hold a status of stay, the choice of fines), Article 91 of the Medical Service Act, and Article 88 subparagraph 3 of the same Act, which apply to criminal facts and the choice of punishment.