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(영문) 청주지방법원 2019.05.22 2019고단413
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 with the trade name of “C” from the 3th floor of Heung-gu Seoul Metropolitan City.

1. From August 2018 to December 3, 2018, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.) kept booms, shower rooms, Red Seas, etc. in the above “C”, and made profits of KRW 7,80,000,00,000, on the condition that he receives 110,000,000 from unspecified customers and pays 50,000,000,000 won to female employees.

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

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

Nevertheless, from August 30, 2018 to December 3, 2018, the Defendant employed five female employees as indicated in the attached list of crimes, including employing as female employees a D of the Thailand nationality, who did not have the status of stay eligible for employment in the above “C” from around August 30, 2018 to December 3, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D, E, F, G, and H;

1. A written accusation against an immigration offender;

1. Application of statutes on site photographs, written confirmation of employment, and real estate lease contract;

1. Relevant Articles 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and Articles 9 (2) 9 and 18 (3) of the Immigration Control Act (the employment of persons holding no status of stay, the employment of persons holding 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 62 (1) of the Criminal Act;

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

1. Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. provides that 110,000 won for commercial sex acts conducted by the defendant, and D receives 60 customers according to the statements of employees.

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