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(영문) 의정부지방법원 2020.09.24 2020고단3056
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. A person who violates the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.) is a person who operates a commercial sex acts business with the trade name called “D”

At around 15:03 on December 23, 2019, the Defendant provided guidance to the above business establishment where female employees E had been engaged in sexual intercourse so that the police officer, who found the customer by pretending to take cash 1.40,000 won, could engage in sexual intercourse. From October 20, 2019 to the above temporary date, the Defendant reported the Internet commercial sex trafficking advertisement to the above business establishment, and had female employees receive 1.90,000 won for each course from many unspecified males, and had them provide sexual intercourse with the above male and female workers.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. Although a person violating the Immigration Control Act is prohibited from employing a foreigner who does not have the status of sojourn eligible for employment in the Republic of Korea, the Defendant, from December 7, 2019 to February 23, 2019, provided that the Defendant paid a certain amount of allowance to the above-mentioned E of the Thailand nationality, who did not have the status of sojourn eligible for employment in the said “D” sexual traffic business establishment, and employed him as an employee of the said business establishment, so that he/she

Accordingly, the defendant employed a foreigner who does not have the status of sojourn eligible for employment in Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each protocol of seizure and each list of seizure;

1. Application of Acts and subordinate statutes to report internal affairs (commercial trade advertisements and attachment of site photographs), each investigation report (in compliance with digital evidence analysis results, replies, attachment of accusation notes, and reporting on confirmation of the contents related to seized articles);

1. Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 30 of the Criminal Act, Article 94 Subparag. 9 of the Immigration Control Act, and Article 18 of the Immigration Control Act.

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