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(영문) 인천지방법원 부천지원 2018.11.07 2018고단2472
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. A person who violates the Act on the Punishment of Acts, Including Arrangement, etc. of Commercial Sex Acts (referring to brokerage, etc. of commercial sex acts) shall not arrange, induce, induce, or compel an unspecified person to engage in commercial sex acts in return for receiving or promising to receive money, valuables, or other property benefits. However, the defendant operated commercial sex acts in the trade name of "C" located in the Bupyeong-si B and the third floor, the defendant, from April 30, 2018 to June 22, 2018, operated commercial sex acts in the above business place, he/she arranged commercial sex acts by allowing female employees to engage in commercial sex acts by having them enter the 80,000 won from the male customers under his/her name and the 80,000 won from June 30, 2018.

2. A person violating the Immigration Control Act shall not employ a person having no status of stay eligible for employment in the Republic of Korea, but the defendant employed D, E, or F as female employee at the date, time, and place specified in the foregoing paragraph 1, and without the status of stay eligible for employment in the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Each statement of D, E, and F;

1. A protocol of seizure and a list of seizure;

1. Report on investigation (the necessity of the preservation for collection by suspect A);

1. Application of the Acts and subordinate statutes on copies of the books of sexual traffic, copies of each passport, D, E, and F, each immigration record of D, E, and F, C on-site photographs, CCTV photographs of containers for sexual traffic, and CCTV photographs of business establishments, and photographs of the remaining sites of sexual traffic;

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (referring to the occupation of brokerage for commercial sex acts, including the occupation of brokerage for commercial sex acts), Articles 94 Subparag. 9 and 18(3) of the Immigration Control Act (the occupation of employment of persons without status of sojourn), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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