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(영문) 대전지방법원 서산지원 2016.07.01 2016고단345
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts (the brokerage, etc. of commercial sex acts) (the defendant is an employer who operates commercial sex acts establishments under the trade name of "C" in Seosan City B.

On January 27, 2015, from around February 18, 2016 to around February 18, 2016, the Defendant installed four smuggling equipped with simple beds and bathing facilities in the above “C”, and employed the D of Chinese nationality as a female sexual traffic, and received KRW 120,000 per time from the nameless male customers who find the said business place, and let the said D to have sexual intercourse with the said male customers, and paid KRW 60,000 out of the sexual traffic payment received as above.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. If a foreigner violating the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ any foreigner having no status of sojourn;

Nevertheless, the Defendant, from February 12, 2016 to February 18, 2016, entered the said “C” status as “short-term visit (C-3-8)” and did not obtain the status of stay eligible for employment in the Republic of Korea, employed a foreigner of Chinese nationality D as an employee.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. Application of each charge on immigration offenders, photographs of enforcement site, and written confirmation for foreign employment Acts and subordinate statutes;

1. Relevant Article 19 (2) 1 of the Act on the Punishment of Acts, such as Arranging Sexual Traffic for the crime, Articles 9 and 18 (3) of the Immigration Control Act, Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act, and the choice 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 suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The sentencing of Article 48(1)1 of the Criminal Act and the former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.

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