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(영문) 서울중앙지방법원 2019.10.02 2019고단5135
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three million won.

If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant, from February 16, 2019 to March 11, 2019, operated a sexual traffic business establishment under the name of Gangnam-gu Seoul building C and D, “D”, the Defendant reported the advertisement of the Internet commercial sex acts to a large number of unspecified male customers who found the place to do so, and had them do sexual intercourse with the said male customers by E (E, women, 36 years of age) who are female employees of the Republic of Korea who received 10-280,000 won for each course and employed in advance as the price for the commercial sex acts.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. A person violating the Immigration Control Act shall not employ a foreigner who does not have the status of sojourn eligible for employment in the Republic of Korea. However, the Defendant paid a certain amount of allowance to the above-mentioned E of Uzbekistan nationality who did not have the status of sojourn eligible for employment in the said “D” sexual traffic business establishment from February 16, 2019 to March 11, 2019, and employed him as an employee of the said business establishment so that he/she may engage in sexual traffic business as above.

Accordingly, the defendant employed a foreigner who does not have the status of sojourn eligible for employment in Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of E or F;

1. Records of seizure and the list of seizure;

1. An accusation against an immigration offender;

1. Application of statutes on dialogues in English and field photographs, the contents of dialogues, advertisements for sexual traffic, etc., sexual traffic women, and English language;

1. Relevant legal provisions concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (the occupation of brokerage business for sexual traffic), Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the Immigration Control Act (the occupation of employing foreigners who have no status of stay), 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. Article 70 of the Criminal Act for the Detention of Labor House Head.

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