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(영문) 서울남부지방법원 2017.12.13 2017고단4207
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 three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant violates the Act on the Punishment, etc. of Acts, including brokerage, etc. of sexual traffic (e.g., brokerage, etc. of sexual traffic) is a person who operates a sexual traffic business establishment in the trade name of Gangseo-gu Seoul Metropolitan Government Btel 922 from May 2017 to June 30, 2017, and of "C".

Defendant employed a female employee D during the above period, and caused the said employee to take place around 18:30 on June 30, 2017, and received KRW 220,000 to E, a male purchaseer, one-time sexual intercourse for one hour, as well as the act of sexual intercourse for one hour during the above period.

Accordingly, the Defendant arranged sexual traffic for business from May 2017 to June 30, 2017.

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 a person who has no status of sojourn eligible for employment activities;

Nevertheless, the Defendant employed D as a woman of sexual traffic, who had no status of stay from May 2017 to June 30, 2017, which had no status of stay to engage in job-seeking activities.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. A written accusation;

1. Application of statutes on site photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic (referring to the act of arranging sexual traffic for business purposes, including the act of arranging sexual traffic, and including the act of arranging sexual traffic, concurrently with imprisonment and fines pursuant to Article 24 of the same Act), Article 94 subparagraph 9 of the Entry and Departure Control Act, and Article 18 (3) of the Entry and Departure Control Act (referring to the act of employing a person who has no status of sojourn and choice of imprisonment);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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