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(영문) 울산지방법원 2018.11.15 2018고단2428
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

1. No person who violates the Act on the Punishment, etc. of Acts, including brokerage, etc. of sexual traffic, shall arrange, solicit, induce or compel sexual traffic in return for promising an unspecified person to receive money, valuables or other property benefits;

From February 1, 2018 to February 7, 2018, the Defendant advertised “D” in the trade name “D” on the C4th floor in Yangsan-si, and provided to the unspecific male grandchildren who found the said business with an advertisement of sexual traffic at E, etc., one hundred thousand won per hour, and provided guidance to him/her in a lock room, and provided F (F (W, G life, birth, nationality of Thailand), H (W, I life, and J (Korean nationality) with 40 minutes for the above male guests, and caused the above male guests to engage in sexual intercourse after having her fingerd with his/her finger.

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

2. If a foreigner violating the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ a person not eligible for sojourn;

Nevertheless, the Defendant employed F without employment eligibility at the date, time, and place specified in paragraph 1 (1) (the nationality of F, G, Thailand), H (W, I. I.), and J (W, K, and Thailand nationality) to engage in marina and commercial sex acts as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against J, F, or H;

1. Application of the Acts and subordinate statutes on the lease contract for commercial buildings, advertising photographs, control site photographs, women's photographs, red sea color photographs of sexual traffic establishments;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense; Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the Immigration Control Act / [Selection of imprisonment]

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Article 62(1) of the Criminal Act 1.

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