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(영문) 대전지방법원 천안지원 2014.04.17 2013고단1835

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a unemployed who operates a place of massage treatment with the trade name “C” located in Seoan-gu, Seoan-gu, Seoan-gu. D, for certain consideration, is a person who registered the place of massage treatment in his/her own name and works as a massage in the place of massage treatment; the Defendant in collusion with D;

1. On April 13, 2013, around 20:36, the said C arranged commercial sex acts by arranging commercial sex acts from December 2, 2012 to September 2013, including arranging to arrange commercial sex acts and raising a total of KRW 137,225,80,00, by receiving KRW 180,00 from customers E as customers.

2. Notwithstanding that credit card merchants are not treated unfavorably by credit card holders on the ground that they are traded by credit card, the credit card merchants provided guidance to E, a customer who has been to receive massage, etc. at the same time and place as Paragraph 1, to pay in cash by credit card, 170,000 won, and 180,000 won when making a settlement by credit card, and then provided unfavorable treatment to E, a credit card member, on the ground that they are members of credit card.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of suspect by the prosecution against D or the accused;

1. Protocol of the police statement to E, duplicate copy (Evidence No. 4), and protocol of the prosecution statement to F;

1. Business registration certificate, investigation report (report on the determination of sales proceeds and calculation of criminal proceeds), and application of statutes on settlement details by credit card companies;

1. Punishment of acts of arranging sexual traffic for an offense under Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act (including acts of arranging sexual traffic on the market), Articles 70 (3) 4 and 19 (1) of the Specialized Credit Financial Business Act, Article 30 of the Criminal Act, and selection of imprisonment with prison labor;

1. From among concurrent crimes, a violation of the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act concerning the punishment of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. which is heavier than punishment;