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(영문) 대전지방법원 서산지원 2019.02.20 2018고단1204

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

Punishment of the crime

1. The Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) provided that, from around December 20, 2017 to August 6, 2018, the Defendant arranged commercial sex acts by having male customers receive KRW 130,00 won from customers and pay KRW 40,00 to female customers with a sexual intercourse.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. A person who violates the Immigration Control Act shall not employ a foreigner who does not have the status of stay eligible for employment activities. However, the Defendant operated the aforementioned “C” business establishment: (i) employs the status of stay that does not have the status of stay eligible for employment activities from June 15, 2018 to August 6, 2018 as a woman of sexual traffic; (ii) employs Thailand E who does not have the status of stay eligible for employment activities from August 4, 2018 to August 6, 2018 as a woman of sexual traffic; and (iii) employs the F of the Thland nationality that does not have the status of stay eligible for employment activities from August 1, 2018 to August 6, 2018 to employ the status of stay as a marina; and (iv) employ the employee who did not have the status of stay as an employee of the Thailand from July 19, 2018 to August 6, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect of the police against D, G, E, or F;

1. Application of each passport copy, seizure record, list, photograph, business registration certificate, immigration offender complaint-in-law;

1. Relevant Article 19 (2) 1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. concerning facts constituting an offense and Article 19 (2) 9 of the same Act and Articles 18 (3) of the Immigration Control Act (the point of employing a person who has no status of sojourn, the choice of fines);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;