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(영문) 울산지방법원 2019.01.25 2018고단2927

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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

Punishment of the crime

No one shall arrange sexual traffic in return for receiving or promising to receive money, valuables or other property benefits from unspecified persons.

From March 7, 2018 to April 5, 2018, the Defendant received KRW 80,00 from an unspecified customer who visited the said business establishment at “C” located on B-4, Ulsan-gu, Ulsan-gu, Seoul-do, and had D (the nationality of the 28 years old, the son) who is an employee, etc. visit the said business establishment, and had the customer engage in sexual intercourse.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each investigation report (the sequence 10, 13, 19, 21 of the evidence list);

1. Records of seizure and the list of seizure;

1. The content of E message;

1. Application of Acts and subordinate statutes concerning details of transactions;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the punishment (compacting imprisonment with prison labor, with prison labor),

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, and Articles 10(1) and 8(1) of the Act on the Regulation and Punishment of Criminal Proceeds Concealment [Calculation of Additional Collection]: 6,000,000 won (i.e., 30 days of business operation x average of 200,000 won per day): 30 days (business from March 7, 2018 to April 5, 2018) average profit per day: 200,000 won in the prosecution stated that the defendant provided a commercial arrangement at the instant business establishment and provided a sales of 20 to 300,000 won per day while taking advantage of the consideration for sexual traffic of women who have engaged in commercial sex acts at the instant business establishment, statements by the police and profits earned from the instant business establishment, etc. in the name of the defendant, the defendant deposited into the account in the name of the defendant in the name of the defendant, with comprehensive consideration of the profits of 200,0000 won per day of the instant business establishment.