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(영문) 부산지방법원 서부지원 2019.09.26 2019고정569

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a Cmine Bank located in Busan Seo-gu B.

On December 24, 2018, around 23:10 on December 24, 2018, the Defendant introduced 200,000 won credit card payment to D as payment for sexual traffic and arranged sexual traffic.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Related receipts;

1. Judgment on the assertion of the accused and the defense counsel at the site of arranging sexual traffic

1. The main point of the argument is that D intentionally induces the arrangement of commercial sex to report the defendant without the intention to purchase sex, so it was not possible to conduct commercial sex acts between D and the guest.

Therefore, even if the defendant arranged the contact point to D, it does not constitute the arrangement of commercial sex acts.

2. Article 19(1)1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. means that the parties intending to engage in commercial sex acts are to arrange or convenience commercial sex acts. Thus, in order to arrange commercial sex acts, the parties intending to engage in commercial sex acts are not necessarily required to reach the level of actual commercial sex acts or face-to-face commercial sex acts. It is sufficient that the parties intending to engage in commercial sex acts are allowed to arrange commercial sex acts to the extent that they can do so, even if they do not have any involvement by the parties intending to engage in commercial sex acts, even if they are related to

(See Supreme Court Decision 2004Do8808 delivered on February 17, 2005). According to the evidence duly adopted and investigated by this court, the defendant: (a) stated that the defendant expressed his intention to purchase sexually, and that he would be aware of his intention to purchase sexually different persons per customer; (b) the defendant received 200,000 won by adding D with a defective card with a cash demand from D, but D, with a defect card outside the card; (c) the defendant was a place where D would have a contact source; and (d) D was a place where D would have a contact source.