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(영문) 부산지방법원 동부지원 2017.02.13 2017고정7
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. No person who violates the Act on the Punishment, etc. of Acts, including brokerage, etc. of sexual traffic, shall engage in sexual traffic or arrange such conduct, in return for giving, receiving, or promising to give, money, valuables, or property gains to unspecified persons;

Nevertheless, on July 21, 2016, the Defendant promised to receive 130,000 won for many unspecified men once from April 21, 2016 to July 21, 2016, in order to run a commercial sex act by making a mobile phone hosting display display “D” on the street in Busan, Daegu B and Ccom, and to receive 130,000 won for the commercial sex act from the police officer who is pretended to be a customer to receive 130,000 won for the commercial sex act and arrange for the commercial sex act with foreigners E in the motherland’s nationality, and arranged for the commercial sex act to E in the above way as above, 4 times a day and 16 times a week average.

2. A foreigner who violates the Immigration Control Act intends to find a job in the Republic of Korea shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ any person who has no status of sojourn eligible for such employment activities;

Nevertheless, on June 22, 2015, the Defendant violated the restrictions on foreign employment by employing unspecified men in order to engage in sexual traffic against whom the period of stay expires in the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect of the defendant or E;

1. Information on the identity of a short-term alien;

1. Application of the Acts and subordinate statutes on seizure and search lists;

1. Article 19 (1) 1 of the Act on the Punishment of Acts, Including Mediation, etc. of Sexual Traffic (the point of arranging sexual traffic and the choice of fines) concerning criminal facts, Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (the point of violating the Immigration Control Act and the selection of fines);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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