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(영문) 의정부지방법원 고양지원 2018.01.25 2017고단3569
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendants shall be punished by a fine of KRW 3,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B is a person who operates "D" in Soyang-gu Seoul Metropolitan City C, and Defendant A is a person who works as the head of the above D.

1. Defendants A and B conspired with each other to commit the joint crimes of Defendants A and B, from February 21, 2017 to February 22, 2017, and arranged sexual traffic in collusion with each other, by providing the said D with approximately KRW 170,00 won for sexual traffic from customers who found the said place, and providing them with guidance to guest rooms, thereby allowing each other, female employee E and F, who are born, to have sexual intercourse with customers.

2. No defendant B shall employ a person who has no status of sojourn eligible for employment activities;

Nevertheless, the Defendant employed E/F without the status of sojourn eligible for employment from February 21, 2017 to February 22, 2017.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to each protocol concerning the interrogation of police suspects to F, E, or G;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 19(2)1 of the Act on the Punishment of Acts, such as Mediation, etc. of Commercial Sex Acts, Article 30 of the Criminal Act (a comprehensive selection of fines, etc.);

B. Defendant B: Article 19(2)1 of the Act on the Punishment of Acts, Including Arrangement, etc. of Commercial Sex Acts; Article 30 of the Criminal Act (a comprehensive arrangement of commercial sex acts for the business of arranging commercial sex acts); Articles 94 Subparag. 9 and 18(3) of the Immigration Control Act (a person who has no status of stay) and selection of each fine;

1. Aggravated concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The period of crime for sentencing of Article 334(1) of the Criminal Procedure Act (two days), the method of crime (the act of arranging sexual traffic by employing foreigners who have no status of sojourn for employment), the degree of participation (Defendant B was employed as an operator, Defendant A as an employee) and the Defendants’ previous conviction (Defendant A was punished as a fine in 2014).

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