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(영문) 울산지방법원 2017.04.14 2017고단199

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

1. No one shall arrange sexual traffic in which sexual intercourse, etc. is conducted against, or promising to receive, money, valuables or other property benefits from, an unspecified person, even though he/she violates the Act on the Punishment of Arrangement, etc. of Commercial Sex Acts;

Nevertheless, from November 16, 2016 to November 23, 2016, the Defendant received commercial sex acts charges of KRW 130,000 for men who were involved in foreign countries through mobile phone hosting events, etc.: (a) moving to a place where a foreigner of Chinese nationality, who is a foreigner of Chinese nationality, has been employed in advance, and had them do sexual intercourse once with men; and (b) moving to a place where E in the same manner at the same time as on November 23, 2016 to a place where E is promised; and (c) had them interfere with sexual intercourse once with men.

Accordingly, the defendant arranged each sexual traffic.

2. No person who violates the Immigration Control Act shall employ any foreigner having no status of sojourn eligible for employment activities;

Nevertheless, the defendant employed D and E as an employee, who is a foreigner of Chinese nationality, who cannot work after entering the Republic of Korea as tourism visa, such as Paragraph 1, at the time and place under Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against E or D;

1. Statement made by the police with regard to F;

1. Accusation against the violator of the Immigration Control Act;

1. Application of Acts and subordinate statutes to each investigation report (suspect A-related photographs), (Confirmation of Suspect D and E)

1. Relevant Article of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic and each of the choice of punishment for the crime: The points of employing foreigners, each of which is the choice of fines, under Article 19 (1) 1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic, Articles 94 and 18 (3) of the Immigration Control Act, and each of which is the choice 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. Confiscation of the Criminal Act;