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The defendant shall be innocent.
Reasons
1. From April 18, 2012 to May 10, 2012, the Defendant received advance payment from the main point of “E’s operation” in Daejeon-gu Daejeon-gu, Daejeon-gu, and took part in work as an employee, but did not intend to continue to work as an employee even if he/she received additional advance payment, the Defendant made a false statement to the effect that “I will complete payment while working as an employee,” and that he/she received three million won from D on the same day.
2. Determination
A. Article 10 of the Act on the Punishment of Acts of Arranging Sexual Traffic (hereinafter “the Act on the Punishment of Commercial Sex Acts”) provides that a claim against a person who has engaged in, or has to engage in, the act of arranging sexual traffic or a person who has employed a person who has engaged in, the act of selling sex in relation to the act of arranging sexual traffic shall be invalidated regardless of the form or name of the contract.
The illegal consideration stipulated in Article 746 of the Civil Act refers to the case where the act causing it is contrary to good morals and other social order. Since sexual traffic and the act of coercing to induce it is contrary to good morals and other social order, in employing a person engaging in sexual traffic, money, valuables, other property gains, etc. provided as the means of inducing, inducing, soliciting sexual traffic, etc., which are used as the means of compelling sexual traffic in employing a person engaging in sexual traffic,
(See Supreme Court Decisions 2004Da27488, 27495, Sept. 3, 2004; 201Da65174, Jun. 14, 2013; 201Da65174, Jun. 14, 2013, etc.). Meanwhile, even if a provider is unable to exercise his/her right to claim a return against the beneficiary for illegal consideration under Article 746 of the Civil Act, if the beneficiary provided the provider with the property corresponding to illegal consideration through deception, then fraud may be established if the beneficiary provided
(see, e.g., Supreme Court Decision 2006Do6795, Nov. 23, 2006). However, sexual traffic businesses are located.