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(영문) 창원지방법원 2017.08.24 2017고단1281

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who operates an unauthorized marina shop business with the trade name, “G” from the Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, 202 (hereinafter “instant commercial building”).

From January 2, 2016 to April 22:18, 2017, the Defendant, at the said business establishment, had a male guest receive the price of KRW 80,000 to KRW 220,00 per male guest at the said business establishment, and let the female female female guest boom with his/her sexual organ as his/her hand.

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

2. No person who intends to provide funds, land, or buildings with sexual traffic shall be aware of the fact that such goods are provided for sexual traffic;

The Defendant, while owning the instant commercial building on September 8, 2015, knew that the said commercial building was provided to a sexual traffic place by the small police station of the Changwon Police around the day of September 8, 2015, and provided the said commercial building to A from January 21, 2016 to April 12, 2017.

Accordingly, the defendant committed an act of providing a place for sexual traffic.

Summary of Evidence

[Defendant A] The settlement receipt of a photo card at the control site of the seizure protocol of the police interrogation protocol against the prosecutor's office and the police interrogation protocol against the Defendant, part of the Defendant's legal statement (hereinafter "Defendant A"), and the details of passbook lease transaction in a summary order against the Defendant who made the legal statement of Defendant A [Defendant B's intentional existence of Defendant B]

1. Article 2 Subparag. 2 of the Act on the Punishment of Acts, including the Mediation, etc. of Commercial Sex Acts, provides for “the act of providing funds, land, or buildings despite being aware of the fact that they are provided for commercial sex acts” and Article 19 Subparag. 1 of the same Act provides for punishing persons who engage in acts, such as arranging commercial sex acts, etc.

Therefore, in order to punish a person who rents a business building to a commercial sex acts business owner as the above penal provision, the lessor is required to do so.