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(영문) 서울서부지방법원 2013.09.04 2013고단1728

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 1,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. The Defendants’ co-principal Defendant A, from November 15, 2012 to the second floor of the building located in Mapo-gu Seoul Metropolitan Government, installed five the marina room and three the smuggling room in the second floor of the building located in Mapo-gu Seoul, and operated a sexual traffic business establishment with the trade name “D”, employed as an employee E, F, G, etc., a female of the Thailand’s nationality.

Defendant

B around 01:00 on June 27, 2013, when working as an employee at the above business establishment, the said E was informed by a male guest who had no knowledge of his name to find out the place, and was waiting to do sexual intercourse at that place, and had the said E act of sexual intercourse. From November 15, 2012 to the said date, from the average of about 5-6 male customers of the day from November 15, 2012 to the said date, he received a space of about 10-130,000 won per hour from the said male guest, and provided the said employee with a guidance to the guest room, and let the said employee do sexual intercourse.

As such, the Defendants conspired to arrange sexual traffic for business from November 15, 2012 to June 27, 2013.

2. No person who has no status of sojourn eligible for job-seeking activities shall employ any person;

Nevertheless, from November 15, 2012 to June 27, 2013, the Defendant operated a commercial sex acts establishment from around November 15, 2012 to around June 27, 2013, and employed E, F, and G, a female of Thailand with no status of stay to engage in job-seeking activities, as an employee.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police officer concerning H, E, F, and G;

1. Application of Acts and subordinate statutes to field photographs, cards cards, investigation reports;

1. A of the relevant legal provisions concerning criminal facts: Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (Appointment of imprisonment): Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Article 30 of the Criminal Act (Selection of Fine);

1. The former part of Article 37 of the Criminal Code among concurrent crimes (Defendant A).