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(영문) 서울북부지방법원 2020.01.16 2019고단4127
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.) operated a marina business with the trade name “C” on the ground floor of the Dobong-gu Seoul Metropolitan Government Building B from March 9, 2019 to May 20, and provided guidance to the room waiting for female employees D (the age of 27) by giving guidance to the said D, who received KRW 100,000 per cash from the male who found the said business place.

2. No person who violates the Immigration Control Act shall employ any person who has no status of sojourn eligible for employment activities;

Nevertheless, on February 1, 2019, the Defendant, at the above date and at the above place, employed as an employee of a sexual traffic business establishment, the status of nationality D, who did not have the status of stay to engage in job-seeking activities after entering the Republic of Korea as a tourism visa.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Investigation report (request for accusation by the head of each immigration office or foreigner office); and

1. Application of statutes on field control photographs and commercial building lease contracts;

1. Article 19 (2) 1, Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, and Articles 16 (1) and 9 (13) of the Act on the Protection of Educational Environment (the occupation of a business establishment harmful to juveniles within an educational environment protection zone and the choice of imprisonment);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. The crime of violating the Punishment of Arrangement of Commercial Sex Acts, etc. Act on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act to order provisional payment is highly harmful to society by commercializing sex and undermining the sound sexual culture and good morals, and in particular, the defendant is a business of arranging commercial sex on February 25, 2019.

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