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(영문) 청주지방법원 2019.05.02 2018고단2754
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person who operates a sexual traffic business establishment in the name of “C” on the fourth floor of the Heung-gu Seoul Metropolitan Government building B in Cheongju-si.

1. The Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) kept booms, shower rooms, Red Seas, etc. in the above place from July 25, 2018 to August 9, 2018, and employed D and E (each of the native women) as a female sexual traffic, and had them engage in sexual intercourse and similarity under the condition that they pay 30,000 won to female employees among them.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. No person violating the Immigration Control Act shall employ any person having no status of sojourn; and

Nevertheless, from July 25, 2018 to August 9, 2018, the Defendant employed two female employees as indicated in the attached list of crimes, including employing as female employees two countries’ nationality E, who did not have the status of stay eligible for job-seeking activities in the above “C” from July 25, 2018 to which August 9, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect with respect to E or D;

1. Employment certificate;

1. Accusation of an immigration offender;

1. Application of statutes on site photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the Immigration Control Act, the choice of imprisonment with prison labor;

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. Probation under Article 62-2 of the Criminal Act;

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [the amount to be additionally collected shall be calculated by calculating the amount to be collected in most favorable to the defendant based on each evidence on the market, and 1,350,000 won (the amount to be collected shall be calculated by adding up 90,000 won per customer per 15 days from the total number of customers engaged in sexual traffic between July 25, 2018 and August 8, 2018, which is the day before the control date];

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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