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(영문) 서울북부지방법원 2020.10.15 2020고단2547
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. From the beginning of June 2019 to October 17, 2019, 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.) provided seven rooms, such as a massage room, a massage room, a waiting room, and a water surface room, two shower rooms, and a toilet, etc. run by the Defendant on the first floor of Dobong-gu Seoul Metropolitan Government, and provided them with 110,000 won for commercial sex acts by many unspecified customers.

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

2. No person who violates the Immigration Control Act shall employ any foreigner who has no status of sojourn eligible for employment activities;

Nevertheless, around September 24, 2019, the Defendant employed the nationality D of the Thailand that entered as a qualification for visa exemption (B-1) that is unable to engage in job-seeking activities in the above “C,” thereby allowing an unspecified number of customers to engage in sexual intercourse with an unspecified number of customers.

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. Examination protocol of police suspect regarding D;

1. Voluntary report on movement, investigation report (request for accusation by the office of entry and departure foreigners), and the request for accusation or complaint attached thereto;

1. Application of statutes governing field enforcement photographs;

1. Article 19 (2) 1 and Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Articles 9 (2) 9 and 18 (3) of the Immigration Control Act (the occupation of employing foreigners who do not have the status of sojourn and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, has mediated sexual traffic for business purposes.

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