A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

1. The Defendant is a person who operates the “C” on the Songpa-gu Seoul Metropolitan Government B and the fourth floor.

From August 1, 2019 to April 21, 2020, the Defendant: (a) received KRW 80,000 in return for the payment from a male on the name of a woman engaged in commercial sex acts, who hired Chinese Da, etc. and sought as a customer (in the case of sexual intercourse, the Defendant received additional charges) and notified the said female engaged in sexual intercourse (in the case of sexual intercourse, making the said female sexual intercourse to assessment of the male sexual intercourse with the female’s hand) and sexual intercourse during the above period; and (b) made profits equivalent to KRW 60,200,000 in total as an intermediary fee (in the case of sexual intercourse with the female sex trafficking business, the Defendant made profits.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

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

Nevertheless, the Defendant, from Apr. 2020, employed a Chinese national as a female employee of sexual traffic, who entered the above business establishment without having the status of sojourn eligible to engage in domestic job-seeking activities.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Statement made to D by the police;

1. Scenic photographs of the site;

1. Records of seizure and the list of seizure;

1. Answer to request an accusation of a person who violates the Immigration Control Act;

1. Application of Acts and subordinate statutes to report criminal investigations (Presumption of Criminal Proceeds);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and Article 19 (2) 9 of the same Act and Articles 18 (3) of the Immigration Control Act (the point of employing foreigners who have no status of stay 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. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. Confiscation: Article 48(1) of the Criminal Act; the former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;