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(영문) 청주지방법원 2018.05.31 2017고단2354
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. On April 8, 2017, from around April 201 to April 21:00, the Defendant operated a commercial sex business establishment under the trade name of “EM” from the Cheongju-gu D and the 5th floor from around April 2017, the Defendant arranged commercial sex acts by receiving KRW 1.30,00 won from his/her nameless customers as the price for commercial sex acts, giving KRW 50,000,000 among them to the female F who is his/her nationality, and allowing them to sexual intercourse with the said customers.

2. If a foreigner violates the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the sojourn eligibility to engage in employment activities, as prescribed by Presidential Decree, and no person shall employ a person who has no sojourn eligibility to engage in employment activities;

Nevertheless, the Defendant, at the date and time and place specified in Paragraph 1., entered the above F, who entered into the tourism visa with limited employment activities, was allowed to work as an employee of sexual traffic on condition that 50,000 won per sexual traffic is paid once.

As a result, the defendant employed a foreigner who does not have the status of sojourn eligible for employment activities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A report on internal investigation (e.g. and on-site conditions);

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Reports on internal investigation (Attachment of a certificate of employment of foreigners);

1. Investigation report (verification of money, goods, etc. acquired by a person under investigation as a result of the principal offense);

1. Application of Acts and subordinate statutes to a criminal investigation report (specific collection charge of 1.6 million won);

1. Relevant legal provisions concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts, such as Arranging Sexual Traffic (the point of arranging sexual traffic), Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (the point of employing foreigners who do not have status of sojourn) and choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation and:

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