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(영문) 수원지방법원 성남지원 2018.07.18 2018고단1142
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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. On March 19, 2018, the Defendant: (a) employed D (i.e., 40 years of age, D, one’s name “E”), F (i.e., 24 years of age, 24 years of age, F, one’s name “G”), a female employee of the Thailand’s nationality, on the condition that half of the commercial sex acts amount are divided; and (b) imported from many unspecified men who reported the Internet advertisement to the end of March 24, 2018, KRW 80,00 (AS 40 minutes), KRW 100,000 (B 50 minutes), and brought into B 1029 or C 102 of the same Act with D, where the said men were employed.

It had sexual intercourse with the above female employees of the Thailand.

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

2. No person who violates the Immigration Control Act shall employ a person who has no qualification to sojourn in the Republic of Korea to engage in employment activities;

Nevertheless, the Defendant employed women D and F as employees of the above business establishment, who had no status of stay from March 19, 2018 to March 24, 2018, without the status of stay to work in the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, H, and I;

1. Investigation report (on-site, etc.), on-site photographs, and text messages of women 1029;

1. Application of two copies of lease agreement and Acts and subordinate statutes governing a written accusation;

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic (the point of arranging sexual traffic), Articles 94 Subparag. 9 and 18(3) of the Immigration Control Act (the point of employing illegal aliens), and the choice of imprisonment, respectively;

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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

1. The grounds for sentencing under Article 25 of the Act on the Punishment of Acts, such as the Mediation of Additional Collection, etc. [The minimum amount of profits (500,000 won to 600,000 won) recognized by the defendant at the time of interrogation of the suspect].

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