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(영문) 대구지방법원 2016.11.15 2016고단4354
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

1. Defendants shall be punished by a fine of KRW 5,000,000.

2. The Defendants did not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A

A. On May 31, 2016, the Defendant: (a) received KRW 140,00 as the price for sexual traffic from a police officer belonging to the police station of the Gyeongbuk-do Police Station, which is most likely to serve as a customer, from the “D” located in Busan-si, Incheon-si; and (b) admitted the E of Russia nationality as a female of sexual traffic to a room with a police officer for sexual intercourse.

Accordingly, the defendant has arranged sexual traffic for business purposes.

B. The Defendant violated the Immigration Control Act around May 31, 2016.

In the same place as the paragraph, the Russian nationality E was employed as a female employee of the said sexual traffic business establishment without the status of sojourn eligible for job-seeking activities.

Accordingly, the defendant employed a person who does not have the status of sojourn eligible for job-seeking activities.

2. Defendant B: (a) around May 31, 2016, the Defendant indicated above 1-A.

With the knowledge of the fact that A is engaged in the sexual traffic intermediary business as above at the place described in the port, the above E introduced A, a female sexual traffic worker, and had the above E perform the act of selling sex under employment of A at that place.

Accordingly, the defendant introduced a job to E to engage in the act of selling sex.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. A report on seizure, the list of seized articles, and written consent for destruction of seized articles;

1. Application of the Acts and subordinate statutes on accusation of six copies of photograph and immigration offenders;

1. Article applicable to criminal facts;

(a) Defendant A: Article 19 (2) 1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the occupation of arranging commercial sex), Article 94 subparagraph 9 of the Immigration Control Act, and Article 18 (3) of the Immigration Control Act (the occupation of a person holding no status of sojourn);

(b) Defendant B: Article 19(1)3 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.

1. Selection of each alternative fine for punishment;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on each order of provisional payment.

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