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(영문) 서울북부지방법원 2020.10.23 2020고단2788

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated commercial sex acts in the name of “C” with seven rooms equipped with beds, shower rooms, etc. in Gangnam-gu B and 2 Seoul, one waiting room, and one stopter, etc.

1. Around 14:40 on May 4, 2020, the Defendant: (a) received 130,000 won from a male who visited the said place as the price for sexual traffic; (b) mediated that the female employee D (D, female, E, born nationality) and the above male have sexual intercourse; and (c) arranged sexual traffic from March 30, 202 to May 4, 2020 in the above sexual traffic business place.

Accordingly, the defendant arranged sexual traffic for business purposes.

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

Nevertheless, the defendant employed the above D as an employee of the above sexual traffic business establishment without the status of sojourn eligible for job-seeking activities at the time and place specified in paragraph (1).

Summary of Evidence

1. Each police's protocol of interrogation of the accused's court statement D and F;

1. The application of the report on seizure, list of seizure, investigation report (Attachment of documentary evidence at the control site), investigation report (an investigation into the accommodation of female employees engaged in commercial sex acts relative to the owner of the business), copy of the response sheet requested by the criminal charge who violates the Immigration Control Act, photograph of seized articles, on-site photograph, lease agreement

1. Relevant Articles 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (the occupation of arranging sexual traffic) concerning facts constituting an offense, Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (the occupation of employing foreigners who have no status of sojourn) and choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The punishment of acts of arranging sexual traffic, etc. under Article 48 (1) 1 of the Criminal Act shall be imposed;