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(영문) 청주지방법원 2016.07.14 2016고단858
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 (mediation of commercial sex acts), Defendant is a person who operates commercial sex acts establishments under the name of “D” by leasing B No. 306 and C No. 102 at the Cheongju-si.

From early November 2015 to February 16, 2016, the Defendant: (a) provided job offer advertisements through SNS; (b) provided that the foreign female employees, E, F, etc., who reported and sought such information, provide KRW 60,000 per customer with “G” 130,000,000,000 won, B, 160,000 won, and C, 260,000 won (hereinafter “G”); and (c) provided that male customers who reported the advertisement and reported it and received KRW 130,000 from the male customers who reported it and provided sexual intercourse with the above female employees, and (d) provided them with a total of KRW 20,02,00,000,000,000,000,000,000 won.

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

2. No person who violates the Immigration Control Act shall employ any foreigner without the status of sojourn eligible for employment activities, as prescribed by Presidential Decree;

However, the Defendant, from January 20, 2016 to February 16, 2016, employed Kazakh’s E, F, etc., who had no status of sojourn for job-seeking activities in the Republic of Korea, as an employee of “D, a business place for sexual traffic operated by the Defendant,” as described in the foregoing paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police seizure records;

1. Application of Acts and subordinate statutes to internal investigation reports (e.g. and on-site situations), photographs at control sites, publicity of Internet sites, lease agreements, and accusation reports;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging, etc. sexual traffic with respect to facts constituting an offense; Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act;

1. Selection of imprisonment with prison labor chosen;

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. The community service order under Article 62-2 of the Criminal Act;

1. Confiscation.

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