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(영문) 대구지방법원 김천지원 2018.11.21 2018고단976
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for six months.

However, 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 sexual traffic in return for giving, receiving, or promising to give, money, valuables, or property gains to unspecified persons;

However, from October 15, 2017 to November 14, 2010 of the same year, the Defendants: (a) reported sexual traffic advertising advertisements posted on the Internet website (D); and (b) made it possible for male customers to receive KRW 9 to 150,00 as the price for sexual traffic; (c) provided good offices for sexual intercourse between E and 70,000,000,000,000,000 won as good offices; and (d) provided good offices for sexual intercourse between E and e, a woman with the native nationality.

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 any person who has no status of sojourn eligible for such employment activities

However, from October 15, 2017 to November 14, 2017, the Defendants employed E, a foreign national of Thailand, who entered Korea as the qualification for visa exemption, as described in paragraph 1, as a sexual traffic woman, as described in paragraph 1.

Summary of Evidence

1. Defendants’ legal statement

1. Each protocol of suspect examination of the police against E or F;

1. Police seizure records;

1. On-site photographs;

1. Application of the passport and the Acts and subordinate statutes to a closure of the contents of a G conversation;

1. Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic concerning facts constituting an offense, Article 30 of the Criminal Act, Article 94 Subparag. 9 and Article 18(3) of the Immigration Control Act, Article 30 of the Criminal Act

1. Selection of punishment (the Defendants)

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. The main sentence of Article 62(1) of the Criminal Act (the Defendants)

1. Protective observation and community service order (the Defendants).

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