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(영문) 서울중앙지방법원 2020.01.08 2019고단6453

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

[Defendant A] The defendant shall be punished by imprisonment for eight months and a fine of five million won.

If the above fine is not paid.

Reasons

Punishment of the crime

Defendant

A shall operate a sexual traffic business establishment with the trade name "D" from Gangnam-gu Seoul and the fourth floor, and Defendant B shall be the head of the above business establishment.

At around 20:19 on December 20, 2018, Defendants: (a) received KRW 90,00 from male customers E, and arranged F (n, 25 years of age, nationality of Thailand) to have sexual intercourse with E, Defendant A from October 8, 2018; and (b) Defendant B from October 21, 2018 to December 20 of the same year, from around October 20, 2018 to around December 20 of the same year, the Defendants received the payment of sexual intercourse from many unspecified male customers who had discovered their possession of sexual intercourse with male customers.

As a result, Defendants conspired to arrange sexual traffic for business purposes.

Summary of Evidence

1. Defendants’ legal statement

1. Each police suspect interrogation protocol of F, G, or E;

1. The police statement of H;

1. The list of seizure;

1. Application of the Acts and subordinate statutes to the sales account books, field photographs, and cellular phone storage data closures;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, and Article 24 of the same Act shall be selected to impose a fine concurrently;

B. Defendant B: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, the choice of imprisonment

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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

1. Confiscation;

(a) Defendant A: Article 48(1) of the Criminal Act, the former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

B. Defendant B: Article 48(1) of the Criminal Act

1. Defendant A: 1.8 million won (=20 days of business x 90,00 won per day criminal proceeds) through F under the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (i.e., three persons who average sex purchases per day).