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(영문) 울산지방법원 2018.04.05 2018고단181

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 1 and 2 shall be confiscated from the accused.

from the defendant.

Reasons

Punishment of the crime

The Defendant is a unemployed who operates a sexual traffic business in the name of “D” on the first floor of Ulsan-gu C, Ulsan-gu.

Although any person does not engage in an act, such as arranging sexual traffic for business purposes, the defendant arranged sexual traffic for business purposes by having five smuggling from July 2016 to January 2018 with shower facilities, etc., and employing female employees, such as E, from around July 2016 to around January 2018, and providing them with a 100,000 won for sexual traffic once from male customers, and allowing the said female employees to have sexual intercourse with male customers.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Police statements made to E and F;

1. On-site photographs and photographs;

1. A copy of the details of each account transaction and a lease agreement, and a CD storage;

1. Each investigation report (related to calculation of criminal proceeds and the determination of property);

1. Application of each existing statute referred to in subparagraphs 1 and 2 of this paragraph;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense / [Selection of imprisonment]

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The Defendant’s defense counsel asserts to the effect that the total amount of KRW 6,599,00,000 deposited in the Defendant’s account from July 5, 2016 to November 24, 2017 should be collected as criminal proceeds, and that the amount of KRW 9,433,00,00 deposited in Incheon, etc. out of the above amount of money deposited is irrelevant to criminal proceeds, and the remainder is divided into half of female employees E and the Defendant in charge of actual commercial sex acts, so only half of the amount of money actually reverted to the Defendant.

Of the money deposited in the Defendant’s account as alleged by the counsel, it is difficult to conclude that the above KRW 9,430,000,000, out of the money deposited in the Defendant’s account, is criminal proceeds, and the remaining amount is likely to be distributed with E. However, the following circumstances acknowledged by the aforementioned evidence, namely, the Defendant and E, are consistent with the investigative agency.