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(영문) 서울북부지방법원 2015.01.28 2014고단3931
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. From the end of August 2014 to October 7, 2010 of the same year, the Defendant operated a sexual traffic business establishment with the trade name “D” in Nowon-gu, Seoul Special Metropolitan City from the end of the same year, and employed E, etc. as a sexual traffic woman on the condition that 60,000 won, out of 120,000 won of the price received from a customer per sexual traffic transaction, and had the above E do sexual intercourse with the customer F in the first room of the above business establishment around 19:20 on October 7, 2014. In addition, the Defendant had a woman of sexual traffic receive the price for sexual intercourse with the male customer during the above period.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

2. The Defendant violated the Immigration Control Act from September 18, 2014 to October 7, 2010 of the same year, the Defendant employed the said E as a female employee on the condition that he pays 60,000 won out of the 120,000 won of the price received from a customer per sexual traffic, without obtaining the status of stay from the competent authority that he/she would be able to engage in job-seeking activities in the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the same Act concerning facts constituting an offense, and the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 25 (Calculation of Amount of Additional Imposition) of the Act on the Acts of Arranging Sexual Traffic, Etc.: 40,000 won for monthly management of 1950,000 won for operating income of 200,000 won - 120,000 won confiscated;

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

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