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(영문) 의정부지방법원 고양지원 2017.03.17 2016고단3872

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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A defendant shall be punished by imprisonment for not more than ten months.

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

1. No person shall arrange sexual traffic for business purposes, in violation of the Act on the Punishment of Arrangement, etc. of Commercial Sex Acts;

Nevertheless, from August 3, 2015 to September 24, 2015, the Defendant received 19 to 200,000 won per male customers, such as G, H, and I, who visited the above business establishment, from male customers, including G, H, and I, and had female employees waiting in the above business establishment do sexual intercourse with the above customers.

As a result, the Defendant conspired with D to engage in commercial sex acts, such as brokerage of commercial sex acts, and received a total of KRW 166,823,043 from the male customers.

2. The Defendant in violation of the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds, along with D, jointly operated the “Fama treatment establishment”, which is a commercial sex business establishment, as described in the above 1. Paragraph (1). By doing so, the Defendant and D, under the name of J, concealed the fact that the said establishment is the actual owner of the said establishment, and pretended that the Defendant and D had acquired profits from commercial sex acts as if they were acquired by J, other than the Defendant and D.

Accordingly, from August 3, 2015 to September 24, 2015, the Defendant and D deposited KRW 94,901,153 in the account with the J’s own bank account from August 3, 2015 to September 24, 2015.

Accordingly, the defendant pretended to acquire criminal proceeds in collusion with D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against K, L, or M;

1. The joint agreement accompanied by a report on investigation and the application of Acts and subordinate statutes;

1. Article 19 (2) 1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic, Etc. for criminal facts and Article 3 (1) 1 of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds (elective of imprisonment with prison labor)

1. Articles 37 and 38, paragraph 1, 2, of the Criminal Code of Aggravation of Concurrent Crimes