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(영문) 대전지방법원 천안지원 2014.04.04 2013고단1830

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a unemployed worker who operates a massage treatment establishment under the trade name of “E” in Seoan-gu, Seoan-gu, Seoan-gu, Incheon, and F is a person who has registered the massage treatment establishment under his/her name in return for payment.

1. From February 7, 2012 to October 28, 2013, 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.), in collusion with F, provided that, around March 17, 2013, the Defendant mediated commercial sex acts by arranging sexual traffic in collusion with F, by allowing an unspecified female employed as a female of commercial sex acts to do sexual intercourse with G in return for the price of 180,000 won from the G who is an customer at the place of the said place of the massage procedure and arranging commercial sex acts.

2. No credit card merchant which violates the Specialized Credit Financial Business Act shall refuse to make a payment by credit card, or treat a credit card member unfavorably;

Nevertheless, the Defendant, in collusion with F, provided that when making a settlement in cash in order to obtain a customer G, at the same time and place as that of paragraph (1), the Defendant provided guidance to KRW 170,00 in case of settlement by credit card, and provided G with a credit card to pay KRW 180,00 in case of settlement by credit card, thereby treating G unfavorably on the ground that it is a credit card member.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the prosecution and police interrogation of the F;

1. Protocol of the police statement concerning G;

1. A written accusation;

1. Application of Acts and subordinate statutes on a real estate lease contract;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Articles 70 (3) 4 and 19 (1) of the Specialized Credit Financial Business Act, Article 30 of the Criminal Act, and selection of imprisonment with prison labor;

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. Calculation of the amount additionally collected under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic - From February 2013 to October 2013.