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(영문) 수원지방법원 2017.11.30 2017고정1661

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is the owner of a building in the convenience E building (hereinafter referred to as “instant building”) in Permitted-si.

On October 2015, the Defendant leased the 7th floor of the above E building to F, but around March 2, 2016, the Defendant received notification from the police around March 9, 2016 that the above place was provided as a commercial sex trafficking place and punished when re-explosion is discovered, due to the control of F on the police by engaging in commercial sex acts at the above place on March 2, 2016.

On June 2, 2016, the Defendant, even though being aware of operating the same trade name without changing facilities, requested the lessee to change the type of business, and leased the same place to G on the condition that monthly rent of KRW 1 million is KRW 30 million. From February 17, 2017 (Control on February 20, 2017) to three floors of the same building and did not take appropriate measures to prevent the use of it as a place for commercial sex acts, thereby providing a building with the knowledge of the fact that it is provided for commercial sex acts.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness G;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. A written statement of I;

1. A written notification (not later than March 8, 2016), a business place photograph, or a business registration certificate, which is issued on March 8, 2016;

1. The report of investigation (a separate transfer) and accompanying documents [Attachment to the report of investigation of the police officer to F, the report of investigation ( telephone conversations with the owner of the building), the indictment] [the defendant did not know that he/she is being used as a place for sexual traffic in the seventh floor and third floor (J) of the building in this case;

The argument is asserted.

However, even according to the Defendant’s assertion, the Defendant did not properly consider the internal structure and form of business one time without stating only the formal special agreement that he/she would not engage in illegal business from around 2015 to the time he/she was subject to the control three times, and considering the following circumstances acknowledged by the prior evidence, the Defendant is currently using the instant building (7 stories, 3 stories) as the place of illegal commercial sex acts.