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(영문) 수원지방법원 안산지원 2017.01.06 2016고단4452
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

In Sii-si, the Defendant, at approximately 70 square meters, was equipped with eight having shower rooms in the area of approximately 70 m, and was employed by C (W, 30 years of age) as an employee, and was employed by D (W, 39 years of age) as an employee of sexual traffic, and operated a sexual traffic business establishment under the trade name of "E" as an employee of Thailand nationality.

1. On June 14, 2016, the Defendant and C conspired to act in violation of the Act on the Punishment, etc. of Acts, including brokerage, etc. of sexual traffic (e., brokerage, etc. of sexual traffic) and arranged sexual traffic in the said manner as above, in general, around 18:00, by taking into account the business operation of the said business establishment as the owner of the said business establishment, the Defendant directed the said employee C to the effect that “if there is a customer wishing to engage in sexual traffic, he/she shall offer good offices.” The said C would receive 30,000 won in return for sexual traffic from an unexpected customer who found his/her place, and let the said D do the act similar to the said customer (the so-called “Handbl”).

2. If a foreigner in violation of 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 shall not employ any person without the status

Nevertheless, from June 2, 2016 to June 2, 2016, the Defendant paid the amount received in return for commercial sex acts to the said D, and received tourism visa (B-1) and entered the Republic of Korea, but did not have reasonable status of stay to engage in job-seeking activities, and employed the said D as female employees.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. A written accusation;

1. Each report on investigation;

1. Application of statutes governing field enforcement photographs;

1. Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic concerning facts constituting an offense, Article 19(2)1 of the same Act, Article 30 of the Criminal Act (the act of mediating sexual traffic for the business of arranging sexual traffic), Articles 94 Subparag. 9 and 18(3) of the Immigration Control Act (a reasonable ground).

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