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(영문) 수원지방법원 성남지원 2018.11.23 2018고단1858
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant

A shall be punished by imprisonment with prison labor for nine months and by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendants’ joint crimes [Violation of the Act on the Punishment of Acts of Arranging, etc. of Arranging Sexual Traffic (the brokerage, etc. of sexual traffic)] Defendant A operated sexual traffic establishments under the trade name of Sungnam-si C building in Sungnam-si and D on February 28, 2018, leased No. 405, “D,” and Defendant B was the employee of the said establishment, who is placed in the place of the owner of the business.

Defendant

B around 19:50 on March 27, 2018, at the upper place of business, 110,000 won in cash from a police officer who pretended to be a customer, provided guidance to the two rooms of the above place of business to be engaged in sexual traffic, and 9,000 won in total from 9,000 won to 9,000 won for sexual traffic by 9 male customers, who found the above place of business on the same day, including bringing the employee E of Thailand's nationality, which is a female sexual traffic, possessed with the mixed Sea, into the above 2th room.

As a result, Defendants conspired to act as commercial sex acts such as brokerage.

2. No person shall employ a person who does not have the status of sojourn eligible for employment activities in the Republic of Korea, with respect to the sole crime committed by Defendant A (Violation of the Immigration Control Act);

Nevertheless, from March 1, 2018 to February 27, 2018, the Defendant employed female E as an employee of the foregoing business entity, who has not obtained the status of sojourn eligible for job-seeking activities in the Republic of Korea.

Summary of Evidence

1. Defendants’ legal statement

1. Accusation of an immigration offender;

1. Reports on internal investigation and internal photographs of the scene;

1. Home Affairs Report, - Application of the Acts and subordinate statutes of such photographic rights

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, Article 30 of the Criminal Act (the point of arranging sexual traffic), Articles 94 Subparag. 9 and 18(3) of the Immigration Control Act (the point of employing persons holding no status of sojourn available for job-seeking activities) and choice of imprisonment, respectively;

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

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. Collection (Defendant A).

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