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(영문) 서울중앙지방법원 2019.10.17 2019고단5525
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. From March 10, 2019 to December 12, 2019, the Defendant operated a sexual traffic business establishment with the first floor underground in Gwanak-gu, Seoul Special Metropolitan City from around March 10, 2019, with the trade name “C” after renting the first floor above the above underground, the Defendant received 8-1.90,00 won for each course as the price for sexual traffic to many unspecified male customers, and had D, E, F, etc., who are female employees of the motherland, who had employed in advance, do sexual intercourse with the above male customers.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. Although a person violating the Immigration Control Act is prohibited from employing a foreigner who does not have the status of sojourn eligible for employment in the Republic of Korea, the Defendant paid a certain amount of allowance to the Da, etc. of the mother country’s nationality, who did not have the status of sojourn eligible for employment in the said “C” sexual traffic business establishment from March 10, 2019 to March 12, 2019, and employed him as an employee of the said business establishment so that he/she may engage in sexual traffic business as above.

As a result, the defendant employed foreigners who do not have the status of sojourn eligible for employment in Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each protocol of suspect suspect of the police with regard to G, H, I, D, E, and F;

1. The police seizure record and the list of seizure;

1. Request for accusation against a person who violates the Immigration Control Act, and the request for accusation;

1. A copy of an Internet business advertisement or a real estate lease contract;

1. Application of statutes on site photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (referring to arranging sexual traffic for business purposes) concerning facts constituting an offense, Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the Immigration Control Act (referring to employing a person who has no status of sojourn eligible for employment activities, etc.), and selection of imprisonment with labor;

1. Article 37 of the Criminal Code among concurrent crimes.

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