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(영문) 서울중앙지방법원 2019.03.27 2018고단7937

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

A defendant shall be punished by imprisonment for six months and by a fine of two thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. No person who violates the Medical Service Act shall establish a massage place without obtaining a recognition of qualification as a inseminator;

Nevertheless, on April 20, 2018, the Defendant did not obtain the recognition of a massage club, and operated a marina business with the facilities such as 10 marina rooms, shower rooms, and waiting rooms in Gangnam-gu Seoul, Seoul, and 4, and operated a marina business with the trade name of “C” (business registration certificate mutually referred to as “D”), and performed a massage business against many unspecified male customers by receiving 50,000 won from E, a male customer, who found the place, and by using his hand, taking charge of telegraphs, such as the above E’s shoulders, hacks, and so on, taking advantage of his hand, and separating them from the point of March 12, 2018, and running a massage business against the general public by employing three or four female employees in the same way.

As a result, the Defendant established a massage treatment facility without obtaining the recognition of the qualification of the massage operator.

2. On March 12, 2018, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts) provided that, from many unspecified male customers who had found the said business from around March 12, 2018 to April 20, the Defendant provided a similar act by having them receive KRW 80,000 won as the price for sexual traffic and let female employees F, etc. employed in advance do the sexual organ of male customers in person.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. A E-document;

1. Application of control manual, magroid photograph, and water shoot photograph-related Acts and subordinate statutes;

1. The punishment of the act of arranging sexual traffic, etc. shall be imposed with respect to the act of arranging sexual traffic, which is an applicable law to facts constituting an offense, Articles 87(1)2, 33(2), and 82(3) of the Medical Service Act, Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. and Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic.