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(영문) 대구지방법원 포항지원 2020.01.09 2019고단1379
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business with the trade name “C” from the Southern-gu B and the third floor at port.

1. No person who violates the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. 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;

Nevertheless, from May 3, 2019 to June 14, 2019, the Defendant employed D and E, who is a female of the mother’s nationality, as female employees, and arranged sexual traffic on the condition that half of them would be female employees, from among many unspecified male customers who found their places, receive 90,000 to 180,000 won in the cost of sexual traffic.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

2. If a foreigner violating 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 no person shall employ any foreigner who has no status of sojourn eligible for employment activities;

Nevertheless, the Defendant, from May 27, 2019 to June 14, 2019, employed D nationality of Thailand, who entered the same qualification from June 3, 2019 to June 14, 2019, as female employees, as C’s female employees.

As a result, the defendant employed a foreigner who does not have the status of sojourn eligible for employment activities.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E or D;

1. Seizure records;

1. Business registration certificate, each contract, and statement of transfer;

1. Application of each statute on photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense (the point of business of arranging sexual traffic) and the Immigration Control Act.

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