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(영문) 의정부지방법원 고양지원 2017.12.22 2017고단3211
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has operated a marina shop with the trade name “C” on the fourth floor of the Goyang-gu Seoul Metropolitan City building B.

1. No person who violates the Immigration Control Act shall employ any person who fails to obtain the status of sojourn eligible for employment activities;

Nevertheless, around September 3, 2017, the Defendant employed D and E of the fatherland nationality who did not obtain the status of stay that allows visa exemption (B-1) from the above “C” to engage in job-seeking activities, and had many unspecified male customers engage in sexual traffic until September 25, 2017.

As a result, the defendant employed a person who did not obtain the status of stay that could work.

2. Violation of the Act on the Punishment, etc. of Acts of Arranging sexual traffic (mediation, etc. of sexual traffic) operated the above “C”, Defendant D and E received 80,000 won payment from unspecified males as the price for sexual traffic from September 3, 2017 to September 25, 2017, and had the said D and E interfered with sexual intercourse or similarity.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. A written accusation;

1. Application of Acts and subordinate statutes to the pocket book;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., concerning facts constituting an offense, Article 19 of the relevant Act, and Article 94 subparagraph 9 of the Immigration Control Act (Appointment of imprisonment);

1. Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes;

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

1. Article 25 of the Act on the Punishment, etc. of Acts of Arranging Sex Acts, Etc. (six persons/1 days x (80,000 won - 40,000) x 23 days x 23 days) of the Act on the Punishment of Acts of Arranging Sex Acts, Etc. is not good for having operated a sexual traffic business establishment of a certain size

However, it should be taken into account that the defendant has not been sentenced to a fine for drinking, but has not been sentenced to a fine once, and that he has an attitude to reflect.

Other provisions of Article 51 of the Criminal Code.

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