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(영문) 의정부지방법원 2020.10.30 2020고단2956
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person who operated an officetel with the trade name “E” in the heading of B building C and D in both weeks.

1. No one shall arrange, induce, induce or compel sexual traffic in return for promising an unspecified person to give or receive any money, valuables or other financial benefits;

From March 8, 2020 to May 7, 2020, the Defendant advertised the said “E” at “F” on the Internet commercial sex acts site, and received the commercial sex acts amounting to KRW 80,000 to KRW 1.60,00 from the unspecified number of men who discovered the said commercial sex acts after reporting the said commercial sex acts, and made them receive the commercial sex acts with “G” or sexual intercourse with “G”, thereby making profits of KRW 802,00 in total.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. Where a foreigner who has violated 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, as prescribed by Presidential Decree, and shall not employ any person

From March 8, 2020 to May 7, 2020, the Defendant employed Thai female H (H and one name “G”) as an employee of sexual traffic, who did not have a legitimate status of stay at the same place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A police suspect interrogation protocol of H;

1. Each protocol of seizure;

1. Studio rental contract, pocket book photograph, each on-site photograph, eachF advertisement, and accusation against a person who violates the Immigration Control Act;

1. Application of Acts and subordinate statutes to investigation reports (specific business profits);

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Punishment of Acts of Arranging Sexual Traffic (hereinafter referred to as "sexual traffic brokerage"), Article 94 subparagraph 9 of the former Immigration Control Act (wholly amended by Act No. 17089, Mar. 24, 2020) and Article 18(3) of the former Immigration Control Act (wholly amended by Act No. 17089, Mar. 24, 2020)

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