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(영문) 창원지방법원 통영지원 2021.02.16 2020고단875
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for 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

The Defendant is a person who operates a marina business with the trade name “C” on the fifth floor of a macro-si building B and the fifth floor.

1. No person who violates the Act on the Punishment of Arrangement, etc. of Commercial Sex Acts shall arrange, etc. for commercial sex acts for business purposes;

Nevertheless, the defendant had installed bedclothess, etc. and employed D (W, 46 years of age, E, F), G (n, 33 years of age, H, I), J (n, 43 years of age, 43 years of age, K), which is female employees of Chinese nationality.

On October 16, 2019, the Defendant received KRW 100,00 from L, 19:0,000 from L, a female employee D and sexual intercourse. In addition, from August 16, 2019 to October 16, 2019, the Defendant received the price from an unspecified number of customers and had female employees employed by the Defendant do sexual intercourse with his/her customers.

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

2. No person who violates the Immigration Control Act shall employ any person who has no status of sojourn eligible for employment activities, as prescribed by Presidential Decree;

Nevertheless, the defendant employed three illegally staying women of Chinese nationality who did not have the status of stay to engage in job-seeking activities at the above marina business establishment as follows, as employees of sexual traffic and marina business under the condition that 50,000 won per marina per case.

On August 1, 2019 from the beginning to October 16, 2019 of the year of temporary employment, the Defendant employed the foreigners who did not have the status of sojourn eligible for employment activities. By doing so, GN3 on October 11, 2019 to October 16, 2019, GN3 from October 15, 2019 to October 16, 2019, the Defendant employed them.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness P;

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

1. Suspect examination protocol concerning L;

1. Written statements of G, J and D;

1. Application of Acts and subordinate statutes governing evidence of seizure;

1. Criminal facts;

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