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(영문) 서울중앙지방법원 2019.08.28 2019고단2240
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to five million won.

If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a business owner who operates a sexual traffic business establishment called "C" on the ground floor of Songpa-gu Seoul Metropolitan Government building B.

1. The Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (hereinafter “C”), from July 2018 to October 19, 2018, reported advertisements posted at “D”, “E, etc. at a sexual sex trafficking business establishment,” etc., and had sexual traffic women, such as F (V, age 26) of Russian nationality, who had been employed in advance, receive 100,000 to 180,000 won as the sexual sex purchase price, from unspecified sexual buyers who had discovered advertisements from “C” sexual traffic business establishments to “D”, “E, etc., and had them do sexual intercourse or similarity with the above sexual buyers.

Accordingly, the defendant arranged sexual traffic for business purposes.

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

On October 13, 2018, from around October 19, 2018 to around October 19, 2018, the Defendant employed the F of Russia’s nationality (the age of 26) that entered the Republic of Korea as a visa exemption under the condition that 50,000 to 90,000 won per person out of the sexual traffic proceeds received from male purchase.

Accordingly, the defendant employed a person who does not have the status of sojourn eligible for job-seeking activities.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. An interrogation protocol of the police concerning F (an interpretation protocol);

1. Records of seizure and the list of seizure;

1. On-site control photographs, business place advertisement photographs, lease contract;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (the occupation of business of arranging sexual traffic and the punishment concurrently imposed pursuant to Article 24 of the same Act) concerning facts constituting an offense, Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the Immigration Control Act (the occupation of foreign employment who has no status of sojourn and the choice of imprisonment);

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

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.

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