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(영문) 울산지방법원 2018.10.10 2018고단1585
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a commercial sex trafficking business with the trade name “C” on the building B in Ulsan-gu, Ulsan-gu, and the second floor.

1. The Defendant, in operating the said establishment from September 30, 2017 to March 23:00, operated the said establishment, and around January 27, 2018, employed a woman D (D, E.), a woman F (F, G) of the nationality of Thailand on March 5, 2018, and a H (I.) of the nationality of Thailand on March 7, 2018, respectively, who visited the establishment of a business establishment, and had the said woman enter into a sex relationship with the said woman upon receiving KRW 70,00 or 90,000 per cash per male customer who visited the business establishment.

Accordingly, the defendant committed acts such as arranging sexual traffic.

2. No person who violates the Immigration Control Act shall employ any person having no status of sojourn;

Nevertheless, on January 27, 2018, the Defendant employed a female of Thailand nationality who is not qualified to be employed at the business establishment in the immediately preceding Mar. 27, 2018, a female of Thailand nationality who is not qualified to be employed on March 5, 2018, a female of Thailand F, who is not qualified to be employed on March 5, 2018, and a female of Thailand nationality who is not qualified to be employed on March 7, 2018, paid KRW 1 million per month and had him/her work as an employee in marina land or sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer concerning J, D, H, and F;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a copy of each passport, investigation report (verification of suspect's short-term stay foreigner and immigration information), accusation of immigration offenders, investigation report (lease contract and statement by building owner);

1. Article 19 (1) 1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic (referring to the brokerage of sexual traffic) concerning facts constituting an offense, and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (referring to the employment of unqualified foreigners);

1. Selection of each sentence of imprisonment;

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 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances described in the grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is 1.

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