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(영문) 부산지방법원 2018.11.13 2018고정1505

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. From September 2017 to April 2018, the Defendant: (a) kept cmab in the trade name “CMab area” located in Jung-gu, Busan from around September 2017 to around April 2018; (b) placed D (n, China’s nationality), E (n, China’s nationality), F (n, China’s nationality) as a woman engaged in commercial sex acts; and (c) placed male customers who found at the said business place with 70,90,000 won, and 110,000 won, and had the said employees to have sexual intercourse or to have sexual intercourse similar to their descendants.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. A person violating the Immigration Control Act shall not employ a foreigner who does not have the status of sojourn eligible for employment activities, but the defendant employed D (n, Chinese nationality, Chinese nationality, Chinese nationality), E (n, Chinese nationality) and F (n, Chinese nationality) as a woman with sexual traffic at the immediately preceding business establishment around March 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to D, E, F, and G;

1. Police seizure records and list of seizure;

1. Accusation of an immigration offender;

1. Application of statutes governing field enforcement photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic (the occupation of a business mediating sexual traffic), Articles 94 Subparag. 9 and 18(3) of the Immigration Control Act (the occupation of a person who has not obtained any status of stay), and the selection of a fine, respectively;

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. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;