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(영문) 의정부지방법원 고양지원 2020.02.18 2019고단2561
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. No one shall mediate the sexual intercourse in return for giving, receiving or promising to give, or receive any money, goods or other financial benefits from any unspecified person;

During the period from August 16, 2019 to August 21, 2019, the Defendant employed Da (n, 39 years of age) of the Russian nationality as a woman engaged in sexual traffic, and posted the advertisement leaflet to the E neighboring commercial toilet with the trade name of “F,” such as “W,” “W, ssaw, accompanied shower, water surface, 110,000 won,” etc., and sent it to the said officetel from the unspecified number of male customers who contacted with the report, with the amount of KRW 110,00 to KRW 120,000 as the price for sexual traffic.

Accordingly, the defendant arranged sexual traffic for business purposes.

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 employment activities thereunder

Nevertheless, from August 16, 2019 to August 21, 2019, the Defendant employed D (the age of 39) with no status of sojourn eligible for employment in the Republic of Korea as a female of sexual traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Report on internal investigation (with regard to the situation of control)

1. Seizure records;

1. The list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Relevant Articles 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (the occupation of arranging sexual traffic) concerning facts constituting an offense, Articles 94 and 18 (3) of the Immigration Control Act (the occupation of employing persons who are not granted status of sojourn available for employment) and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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