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(영문) 서울남부지방법원 2020.06.18 2020고단1622
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 12, 2019, the Defendant: (a) posted an advertisement expressing the commercial sex acts of “E” on the Internet website, such as “D” in the Geumcheon-gu Seoul Metropolitan Government B Building C; (b) reported and contacted the advertisement, and made G, an employee of Russia, to receive KRW 1.30,00 won in return for one-time sexual intercourse from the customer F who visited the said place to make a sexual intercourse; and (c) made G, an employee of Russia, to have the said customer make a sexual intercourse with the said customer, thereby engaging in commercial sex acts, such as arranging commercial sex acts, at the said place from November 1, 2019 to November 12, 2019.

2. Where 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 under the provisions of the Enforcement Decree of the Immigration Control Act, and no person shall employ any foreigner who has no status of sojourn eligible

Nevertheless, from November 1, 2019 to December 12, 2019, the Defendant employed RG (G and H students) of Russian nationality who did not have the status of sojourn eligible for job-seeking activities in Geumcheon-gu Seoul Metropolitan Government B building C.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police officer concerning G or F;

1. Safics and photographs of the site, or photofics by capturing the D site;

1. Requests for an accusation against a person who violates the Immigration Control Act;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Relevant Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 19 (2) 9 of the Immigration Control Act and Article 18 (3) of the same Act (the occupation of arranging sexual traffic), Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The confession of the accused of sentencing reasons under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

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