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(영문) 서울중앙지방법원 2017.02.10 2016고단8727

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding ten million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant operating “B” in a sexual traffic business establishment is a business owner operating a sexual traffic business establishment with the trade name called “B” from September 18, 2016 to September 19, 2016, Gangdong-gu Seoul Metropolitan Government Officetel 3022.

On September 19, 2016, around 16:58, the Defendant advertised the above establishment at the advertisement site of sexual traffic, such as D, and arranged sexual traffic in the same way during the above period, including allowing sexual traffic women employed in advance after receiving 150,000 won from the remaining sex purchase.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. The Defendant operating a sexual traffic business establishment is a business proprietor operating a sexual traffic business establishment with the trade name “F” in Seoul Jongno-gu Gtel 509 and 906 from August 2016 to September 8, 2016.

During the above period, the Defendant advertised the above place of business on the advertisement site of sexual traffic, such as D, at the above place of business, and arranged sexual traffic in the same way during the above period, as well as arranging sexual traffic in the same way for a prior sexual intercourse with E, a sexual traffic woman employed after receiving 150,000 won from the remaining sex purchase.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Each legal statement of the defendant and the joint defendant E;

1. A protocol concerning the interrogation of each police suspect against the defendant and his co-defendant E;

1. Investigation reports (related to the posting of Internet advertisements by business establishments engaged in sexual traffic) and the application of the statutes on printed matters attached thereto;

1. Relevant Article 19 (2) 1 and 24 of the Act on the Punishment of Acts, such as Mediation, etc. of Sexual Traffic, concerning facts constituting an offense, and the punishment concurrently imposed by imprisonment and fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1)(F) of the Act on the Suspension of Execution is the trade name of “F”, and thus, it was controlled while engaging in the business of arranging commercial sex acts.