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(영문) 서울중앙지방법원 2018.10.25 2018고단5093

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is the owner of a sexual traffic business establishment operated in Gangnam-gu Seoul Metropolitan Government and 9, and E is a so-called "head of a office" who is employed by the Defendant to receive sexual traffic payments from sexual traffic customers and instructs women to engage in sexual traffic.

No person shall arrange, solicit, induce or compel sexual traffic, such as sexual intercourse or similar intercourse, in return for receiving or promising to receive money, valuables or other property benefits from unspecified persons.

Nevertheless, the Defendant, in collusion with E on May 29, 2018, arranged commercial sex acts for the business from March 2, 2018 to May 29, 2018, in collusion with E, by having F and G, a female sexual traffic, who was employed in advance, have sexual intercourse with H and I found through Internet advertisement, etc., and in return, received KRW 120,000 won each.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects by the prosecution against the accused, E, and J;

1. A protocol concerning the examination of the police officer in relation to K, F, G, I, and H;

1. Police seizure records and list of seizure;

1. Photographss, such as business registration certificates, books, emails, text messages, and control photographs on the site;

1. Application of Acts and subordinate statutes to a report on investigation (report on calculation of additional A collection amount);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 30 of the Criminal Act, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 of the Criminal Act, the former part of Article 25 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc.;

1. Article 25 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc., but on May 29, 2018, seized KRW 250,00,000, which is subject to additional collection, is calculated on the basis of 75 days (one six days’ operation per week) from March 2, 2018 to May 28, 2018, the period of business subject to additional collection is calculated on the basis of 13,125,000 won ( = 175,00 won (Evidence 280 pages, 281 side of evidence record) x 75 days).

The reason for sentencing is that the defendant recognizes the facts charged and reflects it.