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(영문) 인천지방법원 부천지원 2016.01.21 2015고단3511

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

Defendant

A Imprisonment with prison labor of one year and fine of 5,000,000 won, and Defendant B shall be punished by fine of 3,000,000 won, respectively.

The Defendants are the defendants.

Reasons

Punishment of the crime

1. Defendants A jointly committed the crime is the owner of a sexual traffic business with the trade name of 302 'E', which is 'E' with the 33th floor in Bupyeong-gu, Seocheon-si, and Defendant B is the male worker who works such as guiding customers at the above business place.

Defendants conspired, from October 2, 2015 to October 8, 2015, the Defendants had employees of sexual traffic, such as F, G, and H, find the said business place to sexual intercourse with the unspecified number of male customers, who had been sexually engaged in sexual traffic, and arranged sexual traffic by receiving KRW 7-130,00 per capita from the said male customers.

2. No person who is a defendant shall employ a foreigner who has no qualification to sojourn in employment activities;

Nevertheless, the Defendant, from October 2, 2015 to October 8, 2015, employed F, G, and H, who is a son who is unable to engage in job-seeking activities, in the above “E” from around October 2, 2015.

As a result, the defendant employed three foreigners who do not have the status of sojourn eligible for employment activities, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police suspect with respect to F, H and G;

1. Application of Acts and subordinate statutes to each photograph, seizure record, list of seizure, accusation against a person who violates the Immigration Control Act, real estate lease contract, and investigation report;

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

(a) Defendant A: Articles 19(2)1 and 24 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc., Article 30 of the Criminal Act (the occupation of commercial sex acts, the choice of imprisonment, and the concurrent imposition of fines) and Articles 94 Subparag. 9 and 18(3) of the Immigration Control Act (the occupation of a person who does not have the status of sojourn eligible for job-seeking activities, and the choice of imprisonment, etc.);

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; and selection of fines

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Confiscation.