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(영문) 인천지방법원 2019.09.19 2019고단4443
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 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” in Bupyeong-gu, Bupyeong-gu, Incheon Metropolitan City.

1. No person who violates the Immigration Control Act shall employ any foreigner who has no status of sojourn eligible for employment activities;

Nevertheless, from March 1, 2019 to March 4, 2019, the Defendant employed the F (F and G sojourn B-1) from around February 20, 2019 to March 4, 2019, a foreigner who does not have the status of sojourn eligible to work at the said marina business establishment, as a foreigner, and from February 20, 2019 to March 4, 2019.

Accordingly, the defendant employed foreigners who did not have the status of sojourn eligible for job-seeking activities.

2. No one shall arrange the sexual intercourse or other similar sexual intercourse in return for promising an unspecified person to give, receive, or promise to give, any money, valuables or other financial benefits;

Nevertheless, from October 1, 2018 to March 4, 2019, the Defendant employed in C, D, F, etc., a female employee of the native nationality of the Thailand, and had them engage in similar sexual intercourse in a way of making it scambling and scambling the sexual organ of the guest against the needy, and had them receive 30,000 won in cash from the customers.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against D or F;

1. Police seizure records;

1. The application of each sojourn foreigner information inquiry, field photograph, investigation report (case on calculation of criminal proceeds), detailed statement of deposit transactions, business registration certificate, lease contract, and Acts and subordinate statutes;

1. Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense (referring to the occupation of business of arranging sexual traffic and including the occupation of business) and Article 94 Subparag. 9 of the Immigration Control Act;

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